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Agenda 11/12/2013 Item #11A11 /12/2013 11.A. Recommendation to award Invitation to Bid MM) 13 -6142 EKG Monitors to Physio-Control, Inc., authorize the trade -in of 50 EKG monitors and accessories, and authorize the Chairwoman to sign a lease- purchase agreement with US Bancorp for a total financing amount of $1,547,884 for the equipment as well as other necessary lease- purchase documents. OBJECTIVE: To ensure the continued functionality of cardiac monitors used in pre- hospital care. CONSIDERATIONS: Collier County EMS responds to nearly 40,000 calls for service each year. EKG Monitors are used on a daily basis by EMS personnel to monitor medical patients' cardiac and respiratory status. These monitors allow intervention in cases of life threatening abnormalities. Over sixty -two percent of patients transported by EMS for the 2012 -13 fiscal year had a monitor placed for cardiac assessment. These monitors serve other functions as well such as monitoring blood oxygen levels and vital signs pushing their utility to virtually every medical call The County's existing monitors have come to the end of their useful life expectancy. The proposed pre - hospital monitors have a life cycle of 5 -7 years with companies usually refreshing or replacing their product offering within that time frame. In addition, certain new technological advances are necessary to increase patient care efficiencies. Specifications for replacement of EKG monitors with technological upgrades were provided in ITB EKG Monitors on July 18, 2013; two hundred fifty two (252) notifications were emailed to perspective firms; twenty six (26) bid packages were downloaded; and, three (3) firms submitted responses by August 19, 2013. The solicitation was for the purchase of fifty (50) EKG Monitors, along with associated accessories and maintenance. The solicitation requested a trade -in discount for the County's current monitors. Staff reviewed the submissions and determined that Bound Tree Medical, LLC, was non- responsive as their EKG did not meet the required minimum specifications (see attached Bid Tabulation and Bid Review and Justification). Physio - Control, Inc. is offering the County a discount of $327,600 for the trade -in of the County's current monitors. In consultation with the Office of Management and Budget, staff reviewed the purchase price (non- financed), and a lease - purchase is recommended to; take advantage of historically low lease rates and minimize short-term cash liquidity impacts. Staff explored financing options with both of the responsive proposers to determine if there would be additional savings by combining the purchase and financing from one source. The low bidder, Physio-Control, does not offer internal financing, however, they partner with US Bancorp as a preferred lender. Zoll Medical's internal financing department initially provided a six (6) year financed price of $1,688,215; and, later revised their offer by providing an external interest free financing plan. Packet Page -373- 11 /12/2013 11.A. 4 1 Cash Purchase $1,479,985 $1,581,702 2 Six (6) Year Financing Option N/A $1,688,215 (initial) $1,581,702 (revised) EMS staff requested financing quotes from companies the County has used in past for lease- purchases of medical equipment. Financing rates were solicited from four companies dealing in tax- exempt municipal leases using Physio - Control's price, the low bidder. The lowest financing rate available was from US Bancorp, at a rate of 1.83 %. The fourth lease company, First Capital Leasing, refused to finance the extended warranty, which was a requirement. The chart below is the breakdown of the four financing proposals obtained by EMS staff. Staff requests that the Board awards ITB #13 -6142 — EKG Monitors to Physio - Control for the purchase of 50 LifePak 15 monitors and accessories and to US Bancorp for the financing of said monitors (total financing cost of $67,899) for a the leased total of $1,547,884.26 ($257,980.71 annually for 6 years). The Office of Budget and Management in consultation with the County's Financial Advisor - Public Financial Management (PFM) has reviewed all financing options and concurs with the recommendation. Purchase of EKG monitors will be made by County Purchase Order. FISCAL IMPACT: The first annual payment of $257,980.71 for the lease purchase of the 50 LifePak 15 monitors and associated accessories, including maintenance is available in EMS Fund 490. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for approval. — CMG REC01 tMENDATION: That the Board awards Invitation to Bid (ITB) 13 -6142 EKG Monitors to Physio- Control, Inc., authorizes the trade -in of 50 EKG monitors and accessories, and authorizes the Chairwoman to sign a lease - purchase agreement with US Bancorp for the financing of a total amount of $1,547,884.26 for the equipment as well as other necessary lease -purchase documents. PREPAREDBY: Walter Kopka, Chief, EMS Packet Page -374- 1 Physio - Control US Bancorp $ 1,547,884 $ 679899 2 Physio- Control Leasing 2 $ 1,568,638 $ 88,653 3 Physio- Control Government Capital $ 1,662,631 $ 182,646 4 Physio- Control First Capital Leasing No Bid N/A Staff requests that the Board awards ITB #13 -6142 — EKG Monitors to Physio - Control for the purchase of 50 LifePak 15 monitors and accessories and to US Bancorp for the financing of said monitors (total financing cost of $67,899) for a the leased total of $1,547,884.26 ($257,980.71 annually for 6 years). The Office of Budget and Management in consultation with the County's Financial Advisor - Public Financial Management (PFM) has reviewed all financing options and concurs with the recommendation. Purchase of EKG monitors will be made by County Purchase Order. FISCAL IMPACT: The first annual payment of $257,980.71 for the lease purchase of the 50 LifePak 15 monitors and associated accessories, including maintenance is available in EMS Fund 490. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for approval. — CMG REC01 tMENDATION: That the Board awards Invitation to Bid (ITB) 13 -6142 EKG Monitors to Physio- Control, Inc., authorizes the trade -in of 50 EKG monitors and accessories, and authorizes the Chairwoman to sign a lease - purchase agreement with US Bancorp for the financing of a total amount of $1,547,884.26 for the equipment as well as other necessary lease -purchase documents. PREPAREDBY: Walter Kopka, Chief, EMS Packet Page -374- 11 /12/2013 11.A. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.A. Item Summary: Recommendation to award Invitation to Bid (ITB) 13 -6142 EKG Monitors to Physio - Control, Inc., authorize the trade -in of 50 EKG monitors and accessories, and authorize the Chairwoman to sign a lease- purchase agreement with US Bancorp for a total financing amount of $1,547,884 for the equipment as well as other necessary lease- purchase documents. (EMS Chief Walter Kopka) Meeting Date: 11/12/2013 Prepared By Name: BayArtie Title: Supervisor - Accounting,EMS Operations 10/22/2013 11:53:05 AM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 10/22/2013 1:56:30 PM Name: SummersDan Title: Director - Bureau of Emergency Services, Date: 10/22/2013 2:11:47 PM Name: KopkaWalter Date: 10/22/2013 3:18:20 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 10/29/2013 7:58:33 AM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 10/29/2013 8:02:50 AM Name: NorthrupAdam Title: Procurement Strategist, Purchasing Packet Page -375- Date: 10/29/2013 8:14:33 AM 11 /12/2013 11.A. Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 10/30/2013 12:09:09 PM Name: PriceLen Title: Administrator, Administrative Services Date: 10/31/2013 10:21:39 AM Name: KlatzkowJeff Title: County Attorney Date: 10/31/2013 4:24:43 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/4/2013 11:21:16 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/4/2013 11:38:24 AM Packet Page -376- N w M Ili N N � N O -0 cnM v1 O C O r, O cn U O Z H L 0 O O s � M W -a N m �..� tD M rl C O Q C O >� Z 2� 7 m L Q OA cC cC G C m Cu a1 L O O L L a a Packet Page -377- O O t +-+ Cu "a O a) Q C E O aJ O -0 C O O to M U U Q_ 41 +' U N O Q .' 0 c :3 a) U_ m > a) O ..a N L Q a1 H , Cu L O O C C O N E N a1 O U C to � ym - O N (U U "a 4 • m U O � O O M O M M" � M O � N O Q\l r-I � O 00 O Cl vi L > O Z E C aU Q m a1 a N N a� 4-1 O 11/12/2013 11.A. O V -I O 00 O �O x x x x x x x 00 t!� t.i C' N O" L Ln 0, . X x X X X X X U, n C s a a) M > r . C X X x X X O C' 3 0, O N CU - Z a) U to of +j �n aJ > M "a C C J L a) O a Y �'- d Co i1 U N O "O C O m Cr N O Q C a1 +, M a) U O W to m cn L C C > m 0 5 C N M d tf1 lD I� 0' O 4-J C a-J C 4-+ C +J C 4••+ C +- C fl. � +� V aC1 aaC) a1 E aC) NC Ca)) 'o C G C C C H F- U U U [C U m U f U f0 U f0 'p -J Packet Page -377- O O t +-+ Cu "a O a) Q C E O aJ O -0 C O O to M U U Q_ 41 +' U N O Q .' 0 c :3 a) U_ m > a) O ..a N L Q a1 H , Cu L O O C C O N E N a1 O U C to � ym - O N (U U "a 4 • m U O � O O M O M M" � M O � N O Q\l r-I � O 00 O Cl vi L > O Z E C aU Q m a1 a N N a� 4-1 O 11/12/2013 11.A. O V -I 11 /12/2013 11.A. Cardiac Monitor Selection Considerations October 2013 Prepared by: Wayne Watson Collier County EMS Department Deputy Chief Training Division supervisor Presented to: Chief Walter Kopka Finance Officer Artie Bay Packet Page -378- 11 /12/2013 11.A. The following document seeks to provide some background on the selection criteria considered for the purchase of cardiac monitors for the EMS department for the 2013 through 2019 time frame. HISTORY Established in 1981, CCEMS has served the residents & visitors of Collier County with distinction garnering national awards and acclaim handling the treatment and transport of pre - hospital patients. While credit goes to all who have worked in emergency services in the county, its excellence also required a dedicated team of people who share the goal and vision of the Medical Director capable of utilizing the highest level medical techniques and evolving medical equipment. In the past, EMS purchased cardiac monitor equipment to support their medical care operations with no consideration of long term product viability. This resulted in accumulation of some monitors that were generations behind industry standards which could not be upgraded nor repaired in a cost effective manner. EMS has shifted its view to consider monitor technology to have a life span similar to computers in that they become obsolete over a relatively short time. Current pre - hospital monitors have a life cycle of between 5 -7 years with companies usually refreshing or replacing their product offering within that time frame. CURRENT MARKET OPTIONS There are three industry recognized options utilized by pre - hospital emergency services. Quotes are broken down in Attachment A, but for the purposes of this discussion the bottom lines are as follows: Philips Monitors — cost $1,201,913.38 Physio Control Monitors — cost $1,479,985.25 Zoll Monitors — cost $1,581,702.00 These costs include assorted equipment required to effectively deploy and utilize the monitors such as batteries, chargers, patient therapy cables, etc. CONSIDERATIONS In outlining the specifications for our new monitors we needed to consider current constraints and problems as well as projected concerns. One issue we have had to cope with is the prompt availability of complete and accurate medical records both to allow for timely and accurate billing and revenue recovery as well as the more important element that receiving medical facilities have rapid access to the full medical report for patients they will be receiving. Physicians have had some difficulties in retrieving full reports as we have moved to a paperless, electronic system and this has been exacerbated by challenges crewmembers sometimes face in linking our cardiac monitors to the patient care report software. Although narrative and verbal reports can normally be retrieved easily, actual medical data such as blood oxygen levels, sequential cardiac tracings, and vital signs all time stamped by the cardiac monitor can provide the treating physician with a more complete picture of the patient's evolving condition and allow for their independent interpretation of that data. Packet Page -379- 2 11 /12/2013 11.A. Our current monitors do not allow us to transmit this data to a receiving emergency room without terminating the monitoring of the patient being treated. This obviously presents a safety issue and an obstacle to more complete consultation with ER physicians on difficult active cases. This was therefore made a mandatory requirement in new monitor specifications. This ties on closely with the requirement to have integrated carbon monoxide monitoring within the cardiac monitors. Such integrated technology allows for that data to be transmitted and combined with other vital readings and properly logged and recorded in the permanent patient record. Carbon monoxide monitoring is a growing trend in the industry and has been advocated locally by EMS allied agencies. DEVICE SPECIFICS Phillips It should be noted that Philips also did not meet the requirements of the announced bid. The Phillips did not meet the criteria of not having to leave patient monitoring mode in order to transmit data and did not include a built in carbon monoxide monitor. The Phillips cannot monitor CO, instead the bid includes a device, the RAD 57, that is manufactured by Masimo and cannot connect to the Phillips monitor. This stand alone device which raises concerns for convenience and portability in the mobile requirements of the pre - hospital environment as well potential communication issues with patient care report software. The RAD 57 records its data in an ASCII file which also cannot be imported to the patient care software used throughout the county. These stand alone devices will also require separate power sources and accessories. n Phillips monitors are currently used by CCEMS and the platform has proved adequate over the 5 years they have been our standard. Limitations exist in the devices' operating systems which constrict data mapping for quality assurance and the device has a cumbersome data transmission system to allow importing the monitor's medical records into the patient's medical report. Many features are buried in sub -menus creating delays and errors in record keeping by field personnel. There have not been as many improvements as we had hoped through our existing association with the product. Since the machine has not evolved as much as some of its competitors have in medical technology, it raises concerns that the platform may be inadequate and near the end of its life cycle, while our expectations are for state of the art technology over the expected purchase span of the product. These monitors do have the advantage of minimal retraining due to staff's familiarity with the product line. Physio Control — LifePak 15 Physio Control monitors were used by CCEMS for more than a decade prior to the current equipment purchased and performed well. The device is rugged and widely used throughout the industry. It includes the criteria specified in the bid process including integrated carbon monoxide monitoring and has the following perceived advantages over the Phillips monitor: Physio Control Lifepak 15 is the only bi- phasic monitor- defibrillator which can deliver 360 joules of energy in a cardiac arrest. Other models top out at 200 joules. There are several factors which determine effectiveness of cardiac defibrillation but the physio product was studied in more than twice as many cardiac arrest patients than all other manufacturers combined and their conclusion was that if current remains consistent, that efficacy can be increased with increased Packet Page -380- 11/12/2013 11.A. n energy. Given our demographics and the prevalence of cardiac disease, this additional capability may prove life saving to a defined population of Collier County. • Paramedics do not have to leave patient monitoring mode in order to transmit data. Again, this provides the potential to provide real time information on a patient's condition without compromising patient safety. This same feature will allow crew members to improve work -flow and accuracy of records by matching the PCR with their monitor and vitals data to better insure continuity of care with the emergency room physicians. Currently, transmission of data forces the initiation of a new patient record which creates importing issues. ST segment trending feature — An important part of diagnosis of cardiac events involves part of an ECG tracing called the ST segment. This feature provides a prompt to medics if there is an evolving condition that might not otherwise be evident as they move through various aspects of care and periodically check back with the monitor. All monitors have alarms for acute life threatening conditions but this feature can help diagnose a progressing condition before it becomes an emergency. The monitor also allows "look back" review capability of 4 leads and 12 leads in a quick access feature which presents an opportunity to better recognize, diagnose, and treat cardiac conditions. • Physio Control allows single button transmission of 12 lead tracings to hospitals, again without interrupting live patient monitoring, to allow improved STEMI times by passing ER and providing cardiologists with critical data prior to a patients arrival at their facility. NCH has requested this ability for several years and would be able to move forward with their needed improvements when our equipment has been identified. • Configuration is easy to use with numerous soft keys for key features rather than navigating numerous cumbersome sub - menu's which can facilitate an improvement in documentation and by extension improvement in recapture in the billing cycle by more easily and accurately documenting our pre - hospital care of patients. • Demonstrated improved durability with robust construction and design and the best display screen of the offerings • Easily re- configurable using Windows software and laptop for quick changes to protocols /screen controls which allows more control from our agency perspective Some negatives include the larger size of the monitor and the need to train field personnel with the new equipment. Field laptops will need to be reconfigured to a new blue tooth platform but office tests have not proven problematic. Zoll X Series Zoll monitors were used by CCEMS in limited distribution for several years prior to the current equipment purchased and performed well. We have some very outdated equipment still in reserve. The /'**N device is rugged and widely used throughout the industry. It includes the criteria specified in the bid 4 Packet Page -381- 11 /12/2013 11.A. process including integrated carbon monoxide monitoring and has the following perceived advantages over the Phillips monitor: Most completely integrated communications package of product candidates with no add on modules and full incorporation critical care monitoring which provides a solid platform for feature or performance upgrades • Most compact and lightest of models tested. Good configuration with significant room for customization providing a balance between soft keys and sub menus. Some concern as to printer location. Paramedics do not have to leave patient monitoring mode in order to transmit data. This allows potential to provide real time information on a patient's condition without compromising patient safety. This same feature will allow crew members to improve work -flow and accuracy of records by matching the PCR with their monitor and vitals data to better insure continuity of care with the emergency room physicians. Currently, transmission of data forces the initiation of a new patient record which creates importing issues. The Zoll monitor allows "look back" review capability of 4 leads and 12 leads in a quick access feature. • Demonstrated improved durability with robust construction and design 111-N Some negatives include the need to train field personnel with the new equipment and reconfiguration of field laptops. May also be some backend server upgrades required to efficiently handle compression of data. CONCLUSION I believe selection of the Physio Control Lifepak 15 is the best option for Collier County EMS at this time. Both Physio Control and Zoll present significant upgrades to the Phillips monitor. The Phillips bid also did not include integrated CO monitoring which was a requirement of the bid. To stay with an aging platform which is having trouble evolving to the industry standard stands in direct opposition to the rationale behind our current monitor selection process and its stated goals. Lee County selected the Zoll and appears to be satisfied with their choice but the Physio Control has a lower cost and appears to have more features we can utilize now and as medicine in the pre - hospital evolves over the next few years where the devices will be in use. These monitors will better prepare us for both current and future challenges and helps position the agency to take advantage of future developments to provide the best care to our residents and visitors here in Collier County. Packet Page -382- BIPHASIC Trial 11 /12/2013 11.A. Circulation A01\ circ.ahajournals.org Circulation. 2007;115:1511 -1517 Published online before print March 12, 2007, dol: 10.1161( CIRCULATIONAHA.106.648204 CrossMa& Arrhythmia/Electrophysiology BIPHASIC Trial A Randomized Comparison of Fixed Lower Versus Escalating Higher Energy Levels for Defibrillation in Out -of- Hospital Cardiac Arrest Ian G. Stlell, MD, MSc, FRCPC; Robert G. Walker, BA; Lisa P. Nesbitt, MHA; Fred W. Chapman, PhD; Donna Cousineau, RN, MSN; James Christenson, MD; Paul Bradford, MD; Sunil Sookram, MD; Ross Benninger, MD; Paula Lank, RN, BSN; George A. Wells, PhD ❑ + Author Affiliations Correspondence to Or Ian G. Stlell, Clinical Epidemiology Unit, Office F657, Ottawa Health Research Institute, The Ottawa Hospital, Civic Campus, 1053 Carling Ave, Ottawa, Ontario, Canada, MY 4E9. E -mail istiell @ohri.ca Abstract Background —There is little clear evidence as to the optimal energy levels for initial and subsequent shocks in biphasic waveform defibrillation. The present study compared fixed lower- and escalating higher- energy regimens for out -of- hospital cardiac arrest. Methods and Results —The Randomized Controlled Trial to Compare Fixed Versus Escalating Energy Regimens for Biphasic Waveform Defibrillation (BIPHASIC Trial) was a multicenter, randomized controlled trial of 221 out -of- hospital cardiac arrest patients who received ?1 shock given by biphasic automated external defibrillator devices that were randomly programmed to provide, blindly, fixed lower- energy (150-1 50-150j) or escalating higher- energy (200-300-360j) regimens. Patient mean age was 66.0 years; 79.6% were male. The cardiac arrest was witnessed in 63.8 %; a bystander performed cardiopulmonary resuscitation in 23.5 %; and initial rhythm was ventricular fibrillation /ventricular tachycardia in 92.3 %. The fixed lower - and escalating higher- energy regimen cases were similar for the 106 multishock patients and for all 221 patients. In the primary analysis in multishock patients, conversion rates differed significantly (fixed lower, 24.7 %, versus escalating higher, 36.6 %; P= 0.035; absolute difference, 11 .9%; 95% Cl, 1.2 to 24.4). Ventricular fibrillation termination rates also were significantly different between groups (71.2% versus 82.5 %; P= 0.027; absolute difference, 11.3 %; 95% Cl, 1.6 to 20.9). For the secondary analysis of first shock success, conversion rates were similar between the fixed lower and escalating higher study groups (38.4% versus 36.7 %; P= 0.9Z), as were ventricular fibrillation termination rates (86.8% versus 88.8 %; P= 0.81). There were no distinguishable differences between regimens for survival outcomes or adverse effects. Conclusions —This is the first randomized trial to compare fixed lower and escalating higher biphasic energy regimens in out -of- hospital cardiac arrest, and it demonstrated higher rates of ventricular fibrillation conversion and termination with an escalating higher- energy regimen for patients requiring multiple shocks. These results suggest that patients in ventricular fibrillation benefit from higher biphasic energy levels if multiple defibrillation shocks are required. Key Words: defibrillation fibrillation heart arrest A*—N, resuscitation cardiopulmonary resuscitation Received June 26, 2006; accepted December 22, 2006. http: // circ. ahajoumals .org /content/115 /12 /151i.rui 38 sage a�o72- cf79- 49e5- a23d- Ob9e1... 10/24/2013 BIPHASIC Trial 11 /12/2013 11.A. Out -of- hospital sudden cardiac arrest is an important healthcare problem, with some 300 000 such cases occurring annually in the United States. The vast majority of such patients do not survive, with hospital discharge rates uncommonly exceeding 5 %.1'2 The American Heart Association's (AHA's) 4 -link chain of survival concept has been developed. to better explain community response to out -of- hospital cardiac arreSt.3 Much interest and focus have been directed toward improving interventions for out -of- hospital cardiac arrest. Recent initiatives have, in particular, addressed the second (early cardiopulmonary resuscitation [CPR]), third (early defibrillation), and fourth (early advanced life support [ALS]) links . 4 Although optimal therapy is multifaceted, most survivors of out -of- hospital cardiac arrest are those patients who present in ventricular fibrillation (VF) and are rapidly and effectively defibrillated.5 Clinical Perspective p 1 517 Recent AHA- sponsored guidelines for emergency cardiovascular care have endorsed newer technology for the defibrillation of cardiac arrest patients In VF: the use of biphasic waveform energy. 6,7 Compared with older monophasic waveforms,8 the new biphasic waveform technology is more effective in terminating VF and may reduce shock - related myocardial damage. What has not been clearly established, however, Is the optimal energy level of first and subsequent biphasic defibrillation attempts. Current research confirms that biphasic shock energies from 150 to 360J are safe and effective.9-16 Although both escalating higher and nonescalating lower energy defibrillators are available, data are Insufficient to recommend one approach over another. We believe that large clinical trials are required to further determine the impact of biphasic energy levels and energy regimens on patient survival and morbidity. Such trials would likely require thousands of patients to be definitive for the most clinically important outcome, survival to hospital discharge with good neurological function. Our objective was to perform a preliminary randomized controlled trial to compare fixed lower- energy or escalating higher- energy regimens of biphasic waveform defibrillation during automated external defibrillator (AED) use. We sought to examine a number of important electrical, clinical, and adverse outcomes in the present clinical trial. Methods ... . ...... ................ ....................... I --.................,.................................... ............................... Study Design and Setting We conducted a triple - blinded (ie, blinded to patients, healthcare providers, and researchers), randomized controlled trial with 2 biphasic waveform defibrillation study groups: a fixed lower- energy (150- 150 -150 J) regimen and an escalating higher- energy (200- 300 -360 J) regimen. We conducted the present study in out -of - hospital locations in 3 Canadian cities: Windsor, Ontario (population, 200 000); Vancouver, British Columbia (population, 2 million); and Edmonton, Alberta (population, 1 million). Windsor and Vancouver use a multitiered emergency medical service with first - responding firefighters and both basic life support and ALS paramedics. Edmonton has a 2- tiered emergency medical service response with first - responding firefighters and full ALS paramedics. Study Population We included all patients who suffered witnessed out -of- hospital cardiac arrest in the study communities and who required defibrillation according to standard AHA protocols (ie, either initial or subsequent rhythm as VF or pulseless ventricular tachycardia). The inclusion criteria were further restricted to patients whose initial defibrillation was provided by first responders using an AED. We excluded patients who were <8 years of age, who had documented terminal illness, who were without basic CPR for >10 minutes, who were acute trauma victims, who had exsanguInations, who suffered cardiac arrest while in an acute care hospital, and whose initial defibrillation was provided by ALS paramedics. The respective research ethics boards approved the trial without the need for informed consent. Intervention The treatment of patients followed standard basic and advanced cardiac life support protocols recommended by the AHA and was provided by well - developed 2 - tiered emergency medical services. First - responding firefighters and basic life support paramedics used an AED (Medtronic Emergency Response Systems LIFEPAK Packet Page -384 - http: / /circ.ahaj oumals.org /content/l 15/12/ 1511. full? sid= dff05b72- cf79- 49e5- a23d -Ob9e 1... 10/24/2013 BIPHASIC Trial 500 AED, Redmond, Wash). ALS paramedic providers used manual defibrillators employing either monophasic or biphasic deflbrillation waveforms. These ALS providers were not involved in the present study, and their manual defibrillation energy protocols were not affected by the study. The LIFEPAK 500 AED devices were randomly programmed to provide, blindly, either a fixed lower- energy regimen of 150 J for all shocks or an escalating higher- energy regimen of 200 J (first shock), 300 J (second shock), and 360 J (all remaining shocks). Escalation of the second and third shock dose occurred regardless of the outcome of the preceding shock. The AED devices were configured to have the energy level display turned off so that the providers were unable to determine which energy regimen was being used. The intervention was randomly allocated for each patient. At the beginning of the present study and after each use, the AED devices were randomly programmed to deliver either the fixed lower- or the escalating higher- energy regimen. Randomization was stratified within each of the study communities. First- responding firefighters and basic life support paramedics were trained in a session that involved explanation of the rationale and procedures of the present study. A supervisor was trained to collect case information and to reprogram the AED devices after each use. Outcome Measures Outcome measures can be considered electrical, clinical, or adverse events. The primary outcome of the present study was the electrical outcome measure successful conversion, defined as the termination of VF and the establishment of organized rhythm within 60 seconds. An organized rhythm required at least 2 QRS complexes separated by no more than 5 seconds. This outcome measure was chosen because it not only reflects the ability of a shock to accomplish Its primary function— removal of VF —but also is sensitive to any transient deleterious shock effects that could Inhibit postshock restoration of organized electrical activity. A secondary electrical outcome was termination of VF for at least 5 seconds after the shock, regardless of the resulting rhythm .6 We also evaluated a number of clinical outcomes, including survival to hospital discharge, resuscitation with a continuous pulse and blood pressure for at least 1 �\ hour, any return of spontaneous circulation, and survival to 24 hours. In addition, we evaluated the functional status of patients surviving to hospital discharge according to the 5 -point scale of Cerebral Performance Category. 17 Adverse effects were evaluated in terms of myocardial damage by evaluating ECG changes for ischemia or infarction within the first 6 hours after treatment, the levels of the cardiac enzymes creatinine kinase and troponin within the first 6 hours, and left ventricular ejection fraction <35% as measured during hospital admission. Data Collection Local study personnel provided the data coordinating center with hard copies of the ambulance call report, first - responder medical report, and dispatch times, along with the electronic device record downloaded from the AED. In addition, research staff reviewed emergency department and in- hospital records for relevant demographic and clinical outcome measures. Data Analysis For survival, process, and adverse outcomes, comparisons were made between the total patients in each study group. For electrical outcomes, comparisons were made between all electrical shocks delivered by the study AED devices in the 2 study groups. The primary study hypothesis, stated in the affirmative, was that the escalating higher- energy regimen, in patients requiring >1 shock, would be associated with increased rates of conversion to an organized rhythm. The multishock data within each patient were considered a cluster, taking Into consideration that the results for these shocks may be more related to one another than shocks between patients. We used X2 procedures with SEs adjusted for the cluster design effect using a group - specific variance inflation factor to compare the constant with escalating shock protocol in the multishock patient group. 16-20 As a secondary analysis, we also performed cluster analyses on the subgroup of patients who presented in VF. We used X2 analysis to test differences between the 2 study groups for survival outcomes. All probability values were 2 tailed. The 95% Cis were calculated for the absolute difference in outcome rates between groups. Differences between groups 11 /12/2013 11.A. Packet Page -385 - http:// circ .ahajournals.org /content/115 /12/15 .�u,L ., �it�uiiv-, u72- cf79- 49e5- a23d -Ob9el ... 10/24/2013 BIPHASIC Trial 11/12/2013 11.A. for the Cerebral Performance Category score were assessed with the Wilcoxon rank sum test. Comparisons of patient and treatment characteristics were tested with xz �\ Fisher exact, or Student t test analyses as appropriate for the data. We arbitrarily chose a sample size of 200 patients a priori with the expectation that this size would allow a reasonable estimate of outcome event rates in both study groups, recognizing that it would not give sufficient power for survival outcomes. The authors had full access to and take full responsibility for the integrity of the data. All authors have read and agree to the manuscript as written. Results .............. .................................................. ............ ................ I...... From March 2002 to September 2005, we enrolled 221 patients into the study; none were lost to follow -up. Another 26 patients received defibrillatory shocks from the study defibrillators but were later determined by a blinded review to have been in asystole rather than VF and were excluded. This misclassification could have occurred if chest compression or other motion artifact was present during a rhythm analysis interval and the motion detection feature of the AED was configured off per local protocol. Another 9 patients were excluded: 2 cases were determined to be of traumatic origin, and the download of defibrillator data was incomplete in 7 (the Figure). Patients in the fixed lower regimen (n =114) and the escalating higher regimen (n =107) groups were similar for most demographic and clinical characteristics (Table 1). There were slight differences between groups in the initial presenting rhythm of asystole, but response with the defibrillator was equally rapid in both study groups. Table 1 also gives a detailed description of the number of shocks received and indicates that 51 patients from the fixed lower study group and 55 from the escalating higher study group received a2 defibrillatory shocks by the study defibrillators. For these multishock patients, the study groups also were similar for most demographic and clinical characteristics. Flow of patients in the Pilot t �{T Randomized Controlled Trial to ',,,,,,,i �',�^,a„ Compare Fixed Versus Escalating Energy Regimens for Biphasic Waveform Defibrillation j owew ws I (BIPHASIC Trial). i MI "w�iw� I i View larger version: In this page In a new window Download as PowerPoint Slide t TABLE 1. Prehospital Clinical View this table: and Demographic In this window in a new window Characteristics of BIPHASIC Study Patients i Table 2 shows subsequent ALS paramedic intubation and medication interventions for the 221 biphasic study patients and for the 106 multishock patients. Information on the number and type of AILS defibrillation shocks was not available. TABLE 2. EMS AILS Interventions view this table for BIPHASIC Study Patients In this window In a new window Overall, 498 shocks were delivered to the 221 study patients by the study AED devices: 292 in the fixed lower- energy and 206 in the escalating higher- energy study groups. Forty -eight percent of patients, the multishock patients, required > -2 shocks from the study AEDs because of either failed termination of the first shock or recurrence of VF. In the primary cluster analysis in multishock patients, in which the energy regimens diverged, conversion rates differed significantly (fixed lower, 24.7%; escalating higher, 36.6 %; P= 0.035; absolute difference, 11.9 %; 95% Cl, 1.2 Packet Page -386 - http: / /circ.ahajoumals.org/ content / 115 /12 /1511.tu11'!slcf cittu-)b72- cf79- 49e5- a23d- Ob9e1... 10/24/2013 BIPHASIC Trial to 24.4). VF termination rates also were significantly different between groups (71.2% versus 82.5 %; P= 0.027; absolute difference, 11.3 %; 95% Cl, 1.6 to 20.9) (Table 3). ----------- ---- - -- - ----- TABLE 3. Electrical Outcomes view this table: for All 498 Shocks Delivered by In this window Ina new window Study AED Devices In the _..._...._____ ...._......_...........I------_.- BIPHASIC Study and Analyzed as Clusters We evaluated the subgroup of 206 patients who initially presented in VF and found results similar to those for the overall group. Comparing the fixed and escalating groups with cluster analysis showed that conversion rates were 41.6% and 37.5% (P =0.66) for first shocks and 25.7% and 36.0% (P= 0.075) In multishock patients. The respective termination rates were 88.3% and 88.3% (P =1.0) for first shocks and 71.8% and 81.8% (P= 0.050) in multishock patients. Survival outcomes with regard to return of spontaneous circulation, survival for 1 hour, survival for 24 hours, and survival to hospital discharge were not different between the fixed lower and escalating higher groups. Similarly, the median Cerebral Performance Category scores were the same (Table 4). With regard to adverse outcomes, elevations of troponin levels, creatinine kinase levels, and ECG ST segments were similar in both study groups. There was, however, a nonsignificant trend toward more patients with left ventricular ejection fraction X35% in the group treated with fixed lower- energy shocks (24.3% versus 10.5 %; P-- 0.12). TABLE 4. Clinical and Adverse view this table: Outcomes for All 221 BIPHASIC in this window In a new window Study Patients .......... Discussion ........ .... ..... ......... ................ ....... ....... ....... ............. ......... ................... I. - ........................... The present study is the first randomized controlled trial to compare fixed lower - with escalating higher- energy regimens for biphasic defibrillation in out -of- hospital cardiac arrest. Rates of conversion to an organized rhythm and VF termination were statistically indistinguishable for first shocks of 150 and 200 J. For approximately half of the patients in each group, this first shock was the only defibrillation required during the period of AED use. In the other half, in whom persistent or recurrent VF necessitated delivery of additional AED shocks, we found a significant benefit from the escalating higher- energy regimen for both conversion to an organized rhythm and termination of VF. The present study did not find a difference in survival rates between regimens but was not powered to do so. In addition, we found a trend toward fewer patients with decreased left ventricular ejection fraction in the escalating higher- energy group, possibly because this group required substantially fewer shocks during the basic life support/AED phase of resuscitation care. Although biphasic waveforms were first introduced into external defibrillators more than a decade ago, the optimal energy levels and dosing strategies for the various clinical settings in which biphasic external defibrillators are now used remain unknown. Initial clinical investigations of external biphasic defibrillation were conducted in the electrophysiology laboratory setting where shocks were administered to treat induced arrhythmias of brief duration. These studies, performed primarily to support US Food and Drug Administration clearance of new biphasic waveforms, documented that a variety of biphasic shock doses can terminate VF at least as effectively as conventional monophasic shocks of 200 1.21 24 More recent studies have described the performance of specific biphasic energy doses during attempted resuscitation from in- hospital and out -of- hospital cardiac arrest. High VF termination rates have generally been reported for initial 150- to 200-j biphasic shocks delivered from first - responder AEDs.9,11- 1s.25.26 Several other studies have reported markedly lower VF termination rates for 100 - to 150-j biphasic shocks delivered during ALS -level resuscitation care.10'tr' These published reports have focused predominantly on the first shock performance of a single 11 /12/2013 11.A Packet Pa a -387 - http:// cire. ahajoumals. org /content/l15 /12/1511.1t111:b1t UUVdlJ72- cf79- 49e5- a23d- 0b9e1... 10/24/2013 BIPHASIC Trial biphasic waveform and energy level. A recent report demonstrated that the efficacy of shocks is lower for subsequent episodes than for initial episodes of VF, even when energy levels up to 360 J are used. 27 Thus, current evidence indicates that various biphasic waveforms and energies still leave room for improvement in defibrillation performance in some clinical settings and patient cohorts. However, previous clinical comparison of different biphasic energy levels and dosing regimens is limited to a single, nonrandomized study.lo The present study extends this body of evidence on biphasic defibrillation during cardiac arrest resuscitation in several important ways. We compared 2 different commonly used biphasic AED first -shock energy doses and documented that they both provide high rates of VF termination and comparable rates of conversion to an organized rhythm. We also evaluated the performance of 2 different, commonly used AED energy dosing regimens for shocks after the first shock. These additional shocks are required not only in the small percentage of patients for whom the first shock falls to terminate VF but also in the large percentage of patients in whom VF reappears 2!1 time in the seconds to minutes after successful VF termination. 9,14.27.28 Our finding that rates of both conversion to an organized rhythm and VF termination are significantly affected by the energy level of subsequent shocks has not previously been reported. This finding explicitly confirms an implication of the data reported by Walsh et allo and does so in a setting in which many subsequent shocks were delivered for recurrent VF, not solely for persistent VF. The present study had the strengths of being a randomized controlled trial performed in a true clinical setting, le, that of out -of- hospital cardiac arrest. We used multiple sites to increase the generalizability of the findings. Study group allocation was masked to the healthcare provider, and the intervention was triple blinded. The primary limitation of the study is the relatively small sample size of 221 patients, of whom only 106 received 2-2 shocks from the AED. Because the fixed lower- energy or escalating higher- energy nature of the dosing regimen comes into effect only for second and subsequent shocks, this smaller sample size of multishock patients did not afford adequate power to evaluate most clinical outcomes in a meaningful way. For example, reliably detecting a difference in the rate of survival to discharge, if in fact that rate doubled for multishock patients when escalating higher energy was used, would require enrollment of =3 times as many patients. If the underlying difference between the 2 groups were less dramatic, sample size would need to be even larger; a 50% increase in survival would require a study with a multishock group >10 times as large to reliably detect. A second important limitation is that the study did not control defibrillation waveforms or energy regimens during the AILS tier of care in the multitiered emergency medical service. The median AED use interval of roughly 4 minutes made up only a small portion of the total duration of the prehospital resuscitation effort, and additional shocks of varied waveforms and energy levels were delivered during the ALS phase of care. If clinical outcomes are affected by shock energy regimens, they are likely affected by defibrillation practices throughout the entire resuscitation effort. Thus, the clinical outcomes we report likely do not provide a strict reflection of the subset of defibrillation care that was randomized within the study. The present study did, however, provide a reasonable estimate of event rates and was able to evaluate electrical outcomes. The present study has several implications. First, from a research perspective, future investigations should evaluate fixed lower- and escalating higher - energy regimens in studies with larger sample sizes to evaluate the impact on clinical outcomes. From a clinical perspective, the present study clearly demonstrates the electrical advantage of using an escalating higher biphasic energy regimen that can reach 360 J. This finding has several implications with respect to the new recommendation in the 2005 AHA guidelines for cardiopulmonary resuscitation and emergency cardiovascular care, which is to resume CPR immediately after every shock! The significant difference between groups in VF termination rates for subsequent shocks means that among those patients with persistent or recurrent VF— =50% of the patients in this study -2 things will differ, depending on the selected energy regimen. First, a significantly higher proportion of patients — nearly twice as many in this study —will be left in VF after each subsequent shock and for the entire duration of the ensuing CPR interval when a fixed lower- energy regimen is selected. The specific physiological impact of such a difference in underlying rhythm during postshock CPR is currently unknown. Second, because every failed shock will need to be followed by at least 1 additional shock to reattempt defibrillation, the lower VF termination rate provided by a fixed lower- energy 11 /12/2013 11.A. Packet Page -388 - http: // circ .ahaioumals.org /content/115 /12/ 1511.1u1Ysid =d11U5 b "72- cf79- 49e5- a23d -Ob9e 1... 10/24/2013 BIPHASIC Trial regimen will necessitate additional and more frequent interruptions in CPR for additional defibrillation shocks. �O The new AHA /ILCOR guidelines make clear that minimizing interruptions in CPR, whatever their cause, Is an important objective. Given the importance of minimizing interruptions in CPR, a related hypothesis to be tested in future studies is whether to start with the highest available energy level, eg, 360 J, for the first delivered shock. Unlike the randomized trial from >2 decades ago that compared 2 energy levels of monophasic waveforms with much higher current levels, the present study found no Indication of any deleterious effects of higher - energy biphasic shocks. An evaluation of higher energy for the first delivered shock might be of particular value in clinical settings such as ALS in- hospital and out -of- hospital defibrillation, in which lower biphasic energies have been reported to provide clearly suboptimal VF termination rates, even for first shocks. 10,16 Conclusions .................................................................... ............................... This is the first randomized, controlled clinical trial to compare fixed lower- with escalating higher- energy regimens for biphasic defibrillation. The present study found no difference in clinical outcomes between these regimens but was underpowered to evaluate such outcomes. In contrast, the present study clearly demonstrated higher rates of VF termination and conversion to an organized rhythm with the escalating higher- energy regimen when persistent or recurrent VF necessitated delivery of multiple shocks. No adverse effects from the higher- energy regimen were found. These study findings suggest that patients in VF benefit from higher biphasic energy levels if multiple defibrillation shocks are required. Acknowledgments ....... ..... ........................ .............. .................. .... ....... ........... ... .......... .. .......... ... We wish to thank the following for their considerable assistance in completing the study: Barbara Boychuk and Patti Lawson, Research Coordinators, Vancouver; paramedics and firefighters of British Columbia Ambulance Service and Vancouver Fire and Rescue Services; paramedics and firefighters of Edmonton Emergency Medical Services and Edmonton Fire Rescue Services; Cathie Hedges and Sandra �� Slogan of the Essex -Kent Base Hospital Program; and paramedics and firefighters of Essex - Windsor Emergency Medical Services and Windsor Fire and Rescue Services. Source of Funding The present study was funded by an unrestricted grant to Dr Stiell from Medtronic Emergency Response Systems, Redmond, Wash, Disclosures R.G. Walker, Or Chapman, and P. Lank are employees of and hold stocks and options in Medtronic Inc. Dr Christenson has received funding from the Resuscitation Outcomes Consortium, National Institutes of Health, and Canadian Institutes of Health Research Funded Consortium. British Columbia Ambulance Service has a contract with Medtronic Inc. Dr Sookram serves on the speakers' bureau for Hoffman LaRoche. Or Berringer has received honorarium from Sabex Pharmaceuticals. Or Stleil, L.P Nesbitt, D. Cousineau, Dr Bradford, and Dr Wells report no conflicts. References ..... ............................... 1. Nichol G, Stiell IG, Laupacis A, Pham B, De Maio VJ, Wells GA. A cumulative meta - analysis of the effectiveness of defibrillator- capable emergency medical services for victims of out -of- hospital cardiac arrest. Ann Emerg Med. 1999: 34:517 -525. CrossRe f Medline 2. Zheng Z -J, CroftJB, Giles WH, Mensah GA. Sudden cardiac death in the United States, 1989 to 1998. Circulation. 2001; 104: 2158 -2163. Abstract /FREE Full Text 3. Cummins RO, Ornato JP, Thies WH, Pepe PE. Improving survival from sudden cardiac arrest: the "chain of survival" concept. Circulation. 1991-, 83: 1832- 1847. FREE Full Text 4. Stiell IG, Wells GA, Field BJ, Spaite DW, Nesbitt L, De Maio VJ, Nichol G, Cousineau D, Blackburn J, Munkley D, Luinstra Toohey L, Campeau T, Dagnone �\ E, Lyver M, for the OPALS Study Group. Advanced cardiac life support in out -of - hospital cardiac arrest. NEnglJMed. 2004; 351: 647 -656. Crosske f M d' e 5. Stiell IG, Wells GA, Field BJ, Spaite DW, De Maio VJ, Ward RE, Munkley DP, Lyver MB, Luinstra LG, Campeau T, Maloney JP, Dagnone E, for the OPALS 11 /12/2013 11.A. Packet Page -389 - http: / /circ.ahajoumals.org /content /l 15 /12/1, 11.1u11: aiu —u11., 072- cf79- 49e5- a23d- Ob9e1... 10/24/2013 BIPHASIC Trial 11/12/2013 11.A. Study Group. Improved out -of- hospital cardiac arrest survival through the inexpensive optimization of an existing defibrillation program: OPALS Study �^ Phase II. JAMA. 1999; 281: 1 175 -1 181. Abstract /FREE Full Text 6. American Heart Association. American Heart Association guidelines for cardiopulmonary resuscitation and emergency cardiovascular care, part 5: electrical therapies: automated external defibrillators, defibrillation, cardioversion, and pacing. Circulation. 2005; 112 (suppl IV): IV- 35- IV -46. 7. Deakin CD, Nolan JP, for the European Resuscitation Council. European Resuscitation Council guidelines for resuscitation 2005, section 3: electrical therapies: automated external defibrillators, defibrillation, cardioversion and pacing. Resuscitation. 2005; 67 (suppl 1): S25 -S37. CrossRef Medline 8. Weaver WD, Cobb LA, Copass MK, Hallstrom AP. Ventricular defibrillation: a corhparative trial using 175 -J and 320 -J shocks. NEnglJMed. 1982; 307: 1101-1106. Med 9. van Alem AP, Chapman FW, Lank P, Hart AAM, Koster RW. A prospective, randomised and blinded comparison of first shock success of monophasic and biphasic waveforms in out -of- hospital cardiac arrest. Resuscitation. 2003; 58: 17 -24. rC oss$ Medline 10. Walsh SJ, McClelland AI, Owens CG, Allen J, Anderson JIM, Turner C, Adgey AAJ. Efficacy of distinct energy delivery protocols comparing two biphasic defibrillators for cardiac arrest. AmJ Cardiol. 2004; 94: 378 -380. Cross Medline 11. Carpenter J, Rea TD, Murray JA, Kudenchuk PJ, Eisenberg MS. Defibrillation waveform and post -shock rhythm in out -of- hospital ventricular fibrillation cardiac arrest. Resuscitation. 2003; 59: 189-196. CrossRef Medlin 12. Schneider T, Martens PR, Paschen H, Kuisma M, Wolcke B, Gliner BE, Russell JK, Weaver WD, Bossaert L, Chamberlain D. Multicenter, randomized, controlled trial of 1 50 J biphasic shocks compared with 200- to 360 -J monophasic shocks in the resuscitation of out -of- hospital cardiac arrest victims: Optimized Response to Cardiac Arrest (ORCA) Investigators. Circulation. 2000; 102: 1780 -1787. Abstract /FREE Full Text 13. Gliner BE, Jorgenson DB, Poole JE, White RD, Kanz KG, Lyster TD, Leyde KW, Powers DJ, Morgan CB, Kronmal RA, Bardy GH. Treatment of out -of- hospital cardiac arrest with a low- energy impedance- compensating biphasic waveform automatic external defibrillator: the LIFE Investigators. Biomed lnstrum Technol. 1998; 32: 631 -644. Medline �\ 14. White RD, Russell JK. Refibrillation, resuscitation and survival in out -of- hospital sudden cardiac arrest victims treated with biphasic automated external defibrillators. Resuscitation. 2002; 55: 17-23. CrossRef Medline 15. Morrison W, Dorian P, Long J, Vermeulen M, Schwartz B, Sawadsky BV, Frank J, Cameron B, Burgess R, Shield J, Bagley P, Mausz V, Brewer JE, Lerman BB, Out - of- hospital cardiac arrest rectilinear biphasic to monophasic damped sine defibrillation waveforms with advanced life support intervention trial (ORBIT). Resuscitation. 2005; 66: 149 -157. CrossRe f Medline 16. Stothert JC, Hatcher TS, Gupton CL, Love JE, BrewerJE. Rectilinear biphasic waveform defibrillation of out -of- hospital cardiac arrest. Prehosp Emerg Care. 2004; 8: 388 -392. CrossRef Medline 17. Brain Resuscitation Clinical Trial II Study Group. A randomized clinical trial of calcium entry blocker administration to comatose survivors of cardiac arrest: design, methods, and patient characteristics. Control Chn Trials. 1991; 12: 525 -545. CrossRe Medlin e 18. Donner A, Donald A. Analysis of data arising from a stratified design with cluster as unit of randomization. StatMed. 1987; 6: 43 -52. Mg lin 19. Donner A. Sample size requirements for the comparison of two or more coefficients of inter - observer agreement. Stat Med. 1998; 17: 1157-1168. Cross f Medline 20. Donner A, Birkett N, Buck C. Randomization by cluster: sample size requirements and analysis. Am j Epidemiol. 1981; 1 14: 906 -914. Abs_t act /FREE Full Text 21. Bardy GH, Marchlinski FE, Sharma AD, Worley SJ, Lucerl RM, Yee R, Halperin BD, Fellows CL, Ahern TS, Chilson DA, Packer DL, Wilber DJ, Mattioni TA, Reddy R, Kronmal RA, Lazzara R. Multicenter comparison of truncated biphasic shocks and standard damped sine wave monophasic shocks for transthoracic ventricular defibrillation: Transthoracic Investigators. Circulation. 1996; 94: 2507 -2514. Abstract /FREE Full Text 22. Mittal S, Ayati S, Stein KM. Comparison of a novel rectilinear biphasic waveform with a damped sine wave monophasic waveform for transthoracic ventricular defibrillation. JAm Coll Card. 1999; 34: 1595-1601. Abstract /FREE Full Text 23. Higgins SL, Herre JL, Epstein AE, Greer GS, Friedman PL, Gleva ML, Porterfield JG, Chapman FW, Finkel ES, Schmitt PW, Nova RC, Greene HL. A comparison of Packet Page -390 - http : / /circ.ahajournals.org/content /115 /12 /1511.tu11'!sid= dttu5b 72- cf79- 49e5- a23d- Ob9e1... 10/24/2013 BIPHASIC Trial monophasic and biphasic shocks for external defibrillation. Prehosp Emerg Care. 2000; 4: 305 -313. Cross Ref Medlin 24. Higgins SL, O'Grady SG, Banville I, Chapman FW, Schmitt PW, Lank P, Walker RG, Ilina M. Efficacy of lower- energy biphasic shocks for transthoracic defibrillation: a follow -up clinical study. Prehosp Emerg Care. 2004; 8: 262- 267. CrossRe Medlin e 25. Schneider T, Martens PR, Paschen H. Multicenter, randomized, controlled trial of 150-J biphasic shocks compared with and 200- and 360 -J monophasic shocks in resuscitation of out -of- hospital cardiac arrest victims. Circulation. 2000; 102: 1708-1787. 26. White RD, Blackwell TH, Russell JK, Snyder DE, Jorgenson DE. Transthoracic impedance does not affect defibrillation, resuscitation or survival in patients with out -of- hospital cardiac arrest treated with a non - escalating biphasic waveform defibrillator. Resuscitation. 2005; 64: 63 -69. Cross Medlin 27. Chapman FW, Walker RG, Koster RW. Use of 360 joule biphasic shocks for initial and recurrent ventricular fibrillation in prehospital cardiac arrest. Resuscitation. 2006; 69: 49 -50. 28. van Alem AP, Post J, Koster RW. VF recurrence: characteristics and patient outcomes in out -of- hospital cardiac arrest. Resuscitation. 2003; 59: 181-189. CrossRef Medlin CLINICAL PERSPECTIVE The Pilot Randomized Controlled Trial to Compare Fixed Versus Escalating Energy Regimens for Biphasic Waveform Defibrillation ( Biphasic Trial) was the first randomized controlled trial to compare fixed lower- with escalating higher- energy regimens for biphasic defibrillation in out -of- hospital cardiac arrest. This multicenter trial, which enrolled 221 patients, found no difference in clinical outcomes between these regimens but was underpowered to evaluate such outcomes. In contrast, the present study clearly demonstrated higher rates of ventricular fibrillation termination and conversion to an organized rhythm with the escalating higher- energy regimen when persistent or recurrent ventricular fibrillation necessitated delivery of multiple shocks. No adverse effects from the higher- energy regimen were found. The present study clearly demonstrates the electrical advantage of using an escalating higher biphasic energy regimen that can reach 360 J. This has several implications with respect to the new recommendation in the 2005 American Heart Association guidelines to resume cardiopulmonary resuscitation immediately after every shock. First, a significantly higher proportion of patients will be left in ventricular fibrillation after each subsequent shock and for the entire duration of ensuing cardiopulmonary resuscitation when a fixed lower - energy regimen is selected. Second, because every failed shock will need to be followed by at least 1 additional shock to reattempt defibrillation, the lower ventricular fibrillation termination rate provided by a fixed lower- energy regimen will necessitate additional and more frequent Interruptions in cardiopulmonary resuscitation for additional defibrillation shocks. The present study findings suggest that patients in ventricular fibrillation benefit from higher biphasic energy levels If multiple defibrillation shocks are required. Footnotes ....... ......................... ....... ........ ...................... .......... .............. .................._............ Clinical trial registration information —URL: http: / /www.clinicaltrials.gov. Unique identifier: NCT00212992. Related Articles Issue Highlights Circulation. 2007;115:1503, doi :10.1 161 /CIRCULATI0NAHAA 07.1 82497 ExtractFree, Full Text,' PDF Figures Only, Clarification Articles citing this article I Part 6: Electrical Therapies: Automated External Defibrillators Defibrillation, Cardioversion, and Pacing " 2010 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care Circulation. 2010;122:5706 -5719, 11 /12/2013 11.A. Packet Page -391 - http: / /circ.ahajoumals.org /content / 115 /12/15 .Luat:�i.u�.Lva ,72- cf79- 49e5- a23d- Ob9eI... 10/24/2013 BIPHASIC Trial 11/12/2013 11.A. Full Text PDF _ ...... __ ...... _ .. _..._... ��„� Part 6: Defibrillation: 2010 International Consensus on Cardiopulmonary Resuscitation and Emergency Cardiovascular Care Science With Treatment Recommendations Circulation. 2010;122:5325 -5337, j Full Text: PDF What cardioversion protocol for ventricular fibrillation should be followed for patients who arrest shortly post - cardiac surgery? Interact CardioVasc Thorac Surg. 2007:6:799 -805, Abstract! Full Text PDF Response to Letter Regarding Article, "BIPHASIC Trial: A Randomized Comparison of Fixed Lower Versus Escalating Higher Energy Levels for Defibrillation In Out -of- Hospital Cardiac Arrest" Circulation. 2007;1 16:e523, Full Texti PDF Letter by Tang et al Regarding Article, "BIPHASIC Trial: A Randomized Comparison of Fixed Lower Versus Escalating Higher Energy Levels for Defibrillation in Out -of- Hospltal Cardiac Arrest" i Circulation. 2007;1 16:e522, Full Text; PDF An escalating higher energy regimen was better than a fixed lower energy j regimen for defibrillation in out of hospital cardiac arrest Evid. Based Med.. 2007;12:142, Full Text; PDF Fixed vs. Escalating Energy Levels for Biphasic Defibrillation JWatch Emergency Med.. 2007;2007:1, Full Text r� i Biphaslc Defibrillation for Resistant VF: Dose Escalation Has an Edge Journal Watch Cardiology. 2007;2007:3, Full Text Packet Page -392 - http: / /cire.ahajoumals.org/ content /115/12/ 1511. full' isid =dttU5 b72- cf79- 49e5- a23d -Ob9e 1... 10/24/2013 11 /12/2013 11.A. Board of Collier County Commissioners Office of the Medical Director Dr. Robert Boyd Tober, M.D., FACEP • Collier County Medical Director Dr. Douglas S. Lee, M.D., FAAEM • Associate Medical Director October 22, 2013 To whom it may concern, This letter is forwarded in support of the selection of the Physio Lifepak 15 cardiac monitor for purchase and use of the Collier County EMS department. Candidates for the vital equipment were reviewed and vetted by both members of the training staff and field personnel and the decision was not made lightly. While many factors were considered, as Medical Director let me address the issue of patient care. 1. I have heard complaints over the last several years from ER physicians who did not feel they received enough information regarding a patient's initial presentation and treatment to insure continuity of patient care. Part of this was due to challenges the medics had in getting information from their monitors to the ERs in a timely fashion. The new Physio monitor seems to have addressed these concerns allowing the medic to focus back on patient care rather than being a secretary. A paramedic can transmit information from the monitor without leaving n patient monitoring mode and thus communicate earlier without compromising patient safety. n 2. There have been cases in the hospital where patients with advanced cardiac histories have been unresponsive to conventional electrical therapies. In some of these instances, increasing electrical energy has been an option to attempt resuscitation. The Lifepak 15 presents an opportunity for possibly bringing this option to field personnel because it is the only monitor that can go beyond 200 joules to a full 360 joules of energy. In a community where cardiac disease is common and patients have damage from previous incidents, we may have the opportunity to study if this therapy can save patients we could not before. Treatment of patients increasingly uses tools previously unavailable in the field. The use of airway gas analysis has gone from just oxygen level readings to include expiratory carbon dioxide readings and is now moving to consider carbon monoxide (CO) analysis. Since the Lifepak has integrated CO monitoring, receiving physicians will be able to view the monitor's patient history in a timeline to reveal what the medic's found in cardiac rhythm as well as oxygen, CO2, & CO readings all coordinated and collated as well as their response to treatment over time leading to their presentation in the ER. 8075 Lely Cultural Parkway, Suite 267 • Naples, Florida 34113.239- 252 -3740 • FAX 239 - 252 -3298 Packet Page -393- 11 /12/2013 11.A. While many different monitors are in use throughout our industry, I and the professionals at EMS feel that this monitor provides the best chance to stay on the advanced edge of first response treatment and care of the residents and visitors of Collier County. Sincerely, 07 Ro ert B. Tober, M. ., FACEP Medical Director CCEMS. Packet Page -394- 11 /12/2013 11.A. C6o)�er County Purchasing INVITATION TO BID Date: 07/18/2013 From: Adam Northrup, Procurement Strategist (239) 252 -6098 (Telephone) (239) 252 -6302 (FAX) adamnorthrup @colliergov.net (Email) To: Prospective Vendors Subject: Solicitation: 13 -6142 - EKG Monitors As requested by the Collier County Emergency Medical Services, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre -ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Les Williams Ptrthasi V Dew• 3327 Tamiarri Trait East - Napes, Ftorida 31,11224901- www.coNkergov.neVprMasing #13 -6142 EKG Monitors Packet Page -395- 11 /12/2013 11.A. Invitation to Bid Index PublicNotice ............................................................................................... ............................... 3 Exhibit I: Scope of Work, Specifications and Response Format ................ ............................... 4 Exhibit II: General Bid Instructions ............................................................. ............................... 8 Exhibit III: Standard Purchase Order Terms and Conditions ....................... .............................14 Exhibit IV: Additional ITB Terms and Conditions ......................................... .............................17 Attachment 1: Vendor Submittal - Vendor's Non - Response Statement ....... .............................24 Attachment 2: Vendor's Check List ............................................................. .............................25 Attachment 3: Vendor Submittal - Bid Response Form ............................... .............................26 Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit .......... .............................28 Attachment 5: Vendor Submittal — Immigration Affidavit ............................... .............................29 Attachment 6: Vendor Substitute W — 9 ........................................................ .............................30 Attachment 7: Vendor Submittal - Insurance and Bonding Requirements ... .............................31 #13 -6142 EKG Monitors Packet Page -396- 11 /12/2013 11.A. Public Notice Sealed bid responses for Solicitation 13 -6142 — EKG Monitors, will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:OOPM, Collier County local time on August 14, 2013. Solicitation responses received after the stated time and date will not be accepted. Solicitation 13 -6142 — EKG Monitors All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing /General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the lobby of the Purchasing Building on 07/18/2013. #13 -6142 EKG Monitors Packet Page -397- 11 /12/2013 11.A. Exhibit I: Scope of Work, Specifications and Response Format ^ As requested by the Collier County Emergency Medical Services (hereinafter, the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The Collier County Emergency Medical Services (EMS) is requesting bids for the purchase of fifty (50) new pre - hospital EKG monitors and accessories, that meet all current applicable standards (FDA, ACLS, etc,) and credit for the trade in of fifty (50) assorted electrocardiogram (EKG) monitors. Detailed Scope of Work Each new monitor shall comply with the following, or better specifications: a. AED and manual Defibrillation capabilities (Biphasic technology) b. 4 Lead EKG Monitoring ^ c. 12 Lead EKG Capabilities d. ETCO2 Monitoring e. SPO2 Monitoring f. Temperature Monitoring g. Non - invasive BP Monitoring (Adult and Pediatric) h. Printing Capabilities i. Non - invasive pacemaker j. Carbon Monoxide Monitoring k. Software to transmit 12 lead EKG to local hospital I. Data transfer file size not to exceed 2 MG in Size. m. Compatible with Image Trend E -PCR Software. n. Capable of Data Transfer via Bluetooth, cable or USB port transfers. o. Capable of screen display to be seen in direct sunlight. p. Watertight seals to prevent seepage into the electronics. q. Capable of transmitting 12 Lead EKGs without leaving the patient monitoring mode. r. Daily, weekly or monthly EKG Test module hardware /software One (1) each, of the following accessories are requested with each of the fifty (50) units (unless otherwise specified) 1. AC power module and power cord 2. Main EKG Trunk Cable 3. 4 Lead EKG Cable #13 -6142 EKG Monitors Packet Page -398- 11 /12/2013 11.A. 4. 12 Leak EKG Cable n 5. Temperature Main Cable 6. Main Truck Cable for Non - Invasive pacing and defibrillation 7. SPO2 /CO sensor and cable 8. EKG Printer 9. Stretcher hanging mechanism 10. Shoulder strap 11. Blood pressure cuffs for large adult, adult and pediatric patients 12. Software and /or hardware to transfer data from the EKG monitor to mobile computers, and the Image Trend E -PCR Software. (can be done via bluetooth, data transfer cable, or data card) 13. Three (3) lithium Ion battery packs per unit (150 total battery packs) 14. Charging station that can simultaneously charge two (2) or more battery packs 15. Soft side or rugged protection carry cases for monitor and supplies 16. Temperature probe 17. SPO2 sensor (Non CO) and cable 18. Two (2) adult defibrillation pads per unit (100 total adult defibrillation pads) 19. Pediatric defibrillation pads Additionally, the following products or services are requested in this bid: 1. 100 rolls of EKG printer paper 2. Extended warranty and maintenance contract for each of the fifty (50) units and charging stations, extending to six (6) years (warranty + maintenance contract.) The warranty and maintenance should include but are not limited to the following: • Scheduled preventative maintenance /certification • Repair • Replacement • Loaners • Parts • Labor • Shipping Each bid shall be accompanied by a set of "Manufacturer's Specifications" consisting of a detailed description of the unit. These specifications shall indicate size, type, model and make of all component parts and equipment. NO EXCEPTIONS. A discount off the quoted new EKG monitors, in dollars, is requested for the trade in of the following equipment. • Forty (40) Philips MRX EKG with SPO2, ETCO2, 12 Lead, Temperature, NBP, Non Invasive Pacing, Wide Printer, Carry Case, and AC Power Module • One hundred (100) Lithium Ion Batteries for Philips MRX • Forty (40) 2 Bay Multi Purpose Battery Chargers for Philips batteries • Ten (10) Zoll M series EKG, 4 Lead Only, SPO2, (6 with ETCO2 Monitoring) • Six (6) 4 Bay chargers for Zoll Monitors #13 -6142- EKG Monitors Packet Page -399- 11 /12/2013 11.A. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids /projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the following methodology on Attachment 8: Bid Schedule: Line Description Subtotal 1 EKG Monitor $ 20 Options Total $ 23 Additional Products $ 25 Trade in discount (subtract) -$ 27 BID TOTAL $ • Collier County reserves the right to purchase service and products from different vendors, however, it is the intent to select a single vendor. • The contract will be in the form of a standard County Purchase Order. Term of Contract The contract term, if an award(s) is /are made is intended to be for current needs only. Prices shall remain firm for the initial term of this contract. Price adjustments are dependent upon the consumer price index (CPI) over the past twelve (12) months, budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Event Date Issue Solicitation Notice 07/18/2013 Last Date for Receipt of Written Questions 08/08/2013, 3:OOPM Solicitation Deadline Date and Time 08/14/2013, 3:OOPM #13 -6142 EKG Monitors Packet Page -400- n 11 /12/2013 11.A. Anticipated Evaluation of Submittals Week of 8/19/2013 Anticipated Board of County Commissioner's Contract Approval Date 09/10/2013 Vendor Required Documents • Attachment 2: Vendor's Check List • Attachment 3: Vendor Bid Response Form • Attachment 4: Local Vendor Preference • Attachment 5: Immigration Law Affidavit • Attachment 6: Vendor Substitute W -9 • Attachment 7: Insurance and Bonding Requirement #13 -6142 EKG Monitors Packet Page -401- Exhibit II: General Bid Instructions 1. Purpose /Objective 11 /12/2013 11.A. As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and /or attached herein /hereto. The successful vendor will hereinafter be referred to as the "Vendor' All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly signed. Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non - responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and /or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and /or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specified address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #13 -6142 EKG Monitors Packet Page -402- 11 /12/2013 11.A. n 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for rejection of bid proposal. 7. Addenda The County reserves the right to formally amend and /or clarify the requirements of the bid specifications where it deems necessary. Any such addendum /clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications rip or to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those vendors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net /bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System: www.colliergov.net /bid. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net /bid. Questions will not be answered after the date noted on the ITB. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. n 10. Protests #13 -6142 EKG Monitors Packet Page -403- 11 /12/2013 11.A. Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate issue with the ITB shall file a written protest with the Purchasing Director rip or to the opening of ^ the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Proposals. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non - responsive. 12. Local Vendor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2008 -181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County quote or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their quote or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive non -local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff shall first verify if the lowest non -local vendor and the lowest local vendor are in fact qualified and responsive vendors. Next, the Purchasing Department shall determine if the lowest local vendor meets the requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of 287.087, F.S., the Purchasing Department ^ shall invite the lowest local vendor to submit a matching offer to the Purchasing Department which #13 -6142 EKG Monitors Packet Page -404- 10 11 /12/2013 11.A. shall be submitted within five (5) business days thereafter. If the lowest local vendor submits an n offer that fully matches the lowest quote from the lowest non -local vendor tendered previously, then award shall be made to the local vendor. If the lowest local vendor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive vendor. If the lowest local vendor does not meet the requirement of Section 287.087 F.S. and the lowest non -local vendor does, award will be made to the vendor that meets the requirements of the referenced state law. Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Vendor to submit this Affidavit with their quote response will preclude said Vendor from being considered for local preference under this solicitation. A Vendor who misrepresents the Local Preference status of its firm in a quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with any of the competing vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. n The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. #13 -6142 11 EKG Monitors Packet Page -405- 11/12/2013 11.A. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners; etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org /search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the le-1 firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask vendors to submit certification that they have a drug -free workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said certification; the County will give local vendor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar #13 -6142 EKG Monitors Packet Page -406- 12 11 /12/2013 11.A. days (excluding weekends and County holidays) of the date that the recommended award is n, posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. #13 -6142 13 EKG Monitors Packet Page -407- 11/12/2013 11.A. Exhibit III: Standard Purchase Order Terms and Conditions 1. Offer delivery; provided that risk of loss prior to This offer is subject to cancellation by the actual receipt of the goods by the COUNTY COUNTY without notice if not accepted by nonetheless remain with VENDOR. VENDOR within fourteen (14) days of issuance. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise 2. Acceptance and Confirmation specifically stated in this Purchase Order. This Purchase Order (including all documents Unless otherwise provided in Purchase attached to or referenced therein) constitutes Order, no invoices shall be issued nor the entire agreement between the parties, unless payments made prior to delivery. Unless otherwise specifically noted by the COUNTY on freight and other charges are itemized, any the face of this Purchase Order. Each delivery of discount will be taken on the full amount of goods and /or services received by the COUNTY invoice. from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the terms and conditions contained in this Purchase same day via the same route must be Order. consolidated. Each shipping container must be consecutively numbered and marked to No additional terms may be added and Purchase show this Purchase Order number. The Order may not be changed except by written container and Purchase Order numbers must instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips is deemed to be on notice that the COUNTY must show Purchase Order number and objects to any additional or different terms and must be included on each package of less conditions contained in any acknowledgment, than container load (LCL) shipments and /or invoice or other communication from VENDOR, with each car load of equipment. The notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or payment for any delivery of goods and /or return any shipment or equipment at services, or any similar act by VENDOR. VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees 3. Inspection to declare to the carrier the value of any All goods and /or services delivered hereunder shipment made under this Purchase Order shall be received subject to the COUNTY'S and the full invoice value of such shipment. inspection and approval and payment therefore d) All invoices must contain the Purchase Order shall not constitute acceptance. All payments are number and any other specific information as subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts All defective or nonconforming goods will be of prompt payment will be computed from the returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of VENDOR'S expense. receipt of invoices, whichever is later. Payment will be made upon receipt of a To the extent that a purchase order requires a proper invoice and in compliance with series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as COUNTY prospectively reserves the right to the "Local Government Prompt Payment cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County Order if goods and /or services provided early in Commissioners Purchasing Policy. the term of the Purchase Order are non - conforming or otherwise rejected by the 5. Time Is Of the Essence COUNTY. Time for delivery of goods or performance of services under this Purchase Order is of the 4. Shipping and Invoices essence. Failure of VENDOR to meet delivery a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment, lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any the COUNTY at the time and place of expenses incurred in enforcing its rights. #13 -6142 EKG Monitors Packet Page -408- 14 VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or /—N specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification #13 -6142 EKG Monitors 11/12/2013 11.A. VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attomeys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on 15 Packet Page -409- the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and #13 -6142 EKG Monitors 11/12/2013 11.A. conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. Packet Page -410- 16 11 /12/2013 11.A. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and /or Services During the contract term, Collier County reserves the right to add related items and /or services upon negotiation of a satisfactory price by the Project Manager and Vendor. 2. Conflict of Interest Vendor shall provide a list of any businesses and /or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of agreement. 5. Deductions for Non - Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or �, services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non - performance. 6. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 7. Environmental Health and Safety All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and /or right -of -way for the purpose of inspection of any Vendor's work operations. This provision is non - negotiable by any department and /or Vendor. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. n All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. #13 -6142 17 EKG Monitors Packet Page -411- 11 /12/2013 11.A. 8. Florida Wood Products The Vendor /Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. 10. Public Records Compliance The Vendor /Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2) (a) -(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 11. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 12. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non - responsive. A Vendor with an office within Collier County is required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252 -2477. 13. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair /replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired /replaced by the County, the cost of such work will be deducted from the monies due the Vendor. #13 -6142 EKG Monitors Packet Page -412- 18 11 /12/2013 11.A. 9. Prohibition of Gifts to County Employees / � No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 10. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(a-)collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or n processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after #13 -6142 EKG Monitors Packet Page -413- 19 11 /12/2013 11.A. completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 11. Survivability Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 13 -6142 — EKG Monitors, will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 12. Insurance Requirements The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in Insurance and ^ Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows: #13 -6142 EKG Monitors Collier County Board of County Commissioners Naples, Florida Packet Page -414- 20 11/12/2013 11.A. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services 1001*1, Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate.of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Vendor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Collier County Information Technology Requirements All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty -four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your n bid response, your bid response may be deemed non - responsive. 16. Security and Background Checks #13 -6142 21 EKG Monitors Packet Page -415- 11 /12/2013 11.A. If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, .-. but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 17. Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 18. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable • Pricing and availability of goods and /or materials provided under Vendor's agreements with material suppliers 19. Grant Compliance The purchase of any goods and /or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 20. Equipment Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and /or heavy equipment (backhoe, crane, mudhog, etc.) is needed, the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. #13 -6142 EKG Monitors Packet Page -416- 22 11 /12/2013 11.A. All equipment must be new and of current manufacture in production at the time of ITB opening, and carry standard warranties. At the time of delivery, at least two (2) complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and /or acceptance by the County. #13 -6142 EKG Monitors Packet Page -417- 23 11 /12/2013 11.A. cbfiler county AdminW ra8ve Services Ck+rision Purchasing Attachment 1: Vendor Submittal - Vendor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 13 -6142 — EKG Monitors ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature / Title Type Name of Signature Date: #13 -6142 EKG Monitors Packet Page -418- 24 11 /12/2013 11.A. aer county Admir'ds services Division Purchasing Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this .-� ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 13 -6142 — EKG Monitors • Opening Date: 08/14/2013, 3:OOPM 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. #13 -6142 EKG Monitors Company Name Signature & Title Date Packet Page -419- `W 11 /12/2013 11.A. Gorr Casty •-• Adrnirdsba" Services Division Purchasing Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 13 -6142 — EKG Monitors Dear Commissioners: The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: BID TOTAL $ Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net _ Days ❑ Bid Response Form is electronic. Please input your prices online. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #13 -6142 EKG Monitors Packet Page -420- 26 11 /12/2013 11.A. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of ,20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number Signature / Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #13 -6142 27 EKG Monitors Packet Page -421- 11 /12/2013 11.A. :oAer County Adrrvmstram Services Dmsion Purchasing Attachment 4: Vendor Submittal — Local Vendor Preference Affidavit Solicitation: 13 -6142 — EKG Monitors (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):_ If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #13 -6142 EKG Monitors Packet Page -422- 28 Coter coley Admirish" servioes Division Purrhawng Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: 13 -6142 — EKG Monitors 11 /12/2013 11.A. This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor / Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Print Name Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration as identification. (Type of Identification and Number) 20_, by The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #13 -6142 EKG Monitors Packet Page -423- 29 11/12/2013 11.A. C1 hir Comity services t)Msion Purchasing Attachment 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax retum) Business Name (if different from taxpayer name) Address State Telephone Order Information Address City State FAX Email FAX Zip 2. Company Status (check only one) City Zip. Email Remit / Payment Information Address city State FAX Email Zip _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disregarded Entity, C = Corporation, P = Partnership 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #13 -6142 EKG Monitors Packet Page -424- 30 11 /12/2013 11.A. 1<er county A,dmir'stratw Senrioes Division Purchasing Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $100.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate #13 -6142 EKG Monitors Packet Page -425- 31 11 /12/2013 11.A. ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name #13 -6142 EKG Monitors Packet Page -426- Date Telephone Number 32 11 /12/2013 11.A. per Coumv Attachment 2: Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces indicated and return with bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have.been included. 6. Any delivery information required is included. 7. If reauired, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E- Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 13 -6142 — EKG Monitors • Opening Date: 0811412013, 3:OOPM 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. #13 -6142 EKG Mordtors Physio- Control; Inc Co ny Nam EVP & CFO Signs ure Date Packet Page -427- Attachment 3: Vendor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 13 -6142 — EKG Monitors Dear Commissioners: 11/12/2013 11.A. The undersigned, as Vendor, hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: BID TOTAL $ Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net _ Days ❑ Bid Response Form is electronic. Please input your prices online. Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #13 -6142 EKG Monitors Packet Page -428- M-: 11 /12/2013 11.A. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this C3 day of 20 t3 in the County of King , in the State of WA Firm's Complete Legal Name Physio- Control. Inc. Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone Number FAX Number:' Signature / Title Type Name of Signature Date 11811 Willows Road NE 91- 0697691 28494 800 - 442 -1142 g David T. Stafford, Jr. Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name .Phg o -Can rol Inc„ Address City, State, Zip Contact Name Telephone Number FAX Number Email Address X13 -6142 EKG Monitors Mailstop: AP, PO Box 97006 Redmond, WA 98073 -9706 Customer Finance customer iinanceCa.phvsio- control.com Packet Page -429- lq7 11 /12/2013 11.A. Ter cm Administrate Services DMsbn Purchasing Attachment 4: Vendor Submittal - Local Vendor Preference Affidavit Solicitation: 13 -6142 — EKG Monitors (Check Appropriate Boxes Below) State of Florida (Select County if Vendor is described as a Local Business ❑ Collier County ❑ Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers):_ If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Address in Collier or Lee County: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of 20 Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) #13 -6142 EKG Monitors Packet Page -430- 28 11 /12/2013 11.A. Attachment 5: Vendor Submittal — Immigration Affidavit Solicitation: 13 -6142 — EKG Monitors This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/biddees proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act ( 'INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Physio-Control, Inc. _ Executive vice Presiclent & Chief Print Name David Stafford, Jr. Title Financial O r`ar Signature Date b h?21z01-� State of WA County of King The foregoing instrument was signed and acknowledged before me this 6 day of _ 2011' �% by David T_ Stafford, Jr. who has produced Personally Known as identification. (Print or Type Name) of Identification and Number) 'yNotaryPub' Signature odd M odd Printed Name of Notary Public .�'•i , .e ' ` s s March 9. 2017 %,10 0 '�, '0917 02 Notary Commission Number/Expiration /if O� �� /hIt wa> ��W�NS The signee of this Affidavit guarantees, as evidenced %0;11 m affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #13 -6142 EKG Monitors Packet Page -431- 29 11 /12/2013 11.A. Coen Cartnty AdrrirrisYa�esavioes trn�ian Attachment 6: Vendor Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Y io- on ro , Inc. (as shown on income tax return) Business Name (if different from tax pp�aa.}}��eer name Address 11811 1J�liiio1jwz d N�� state WA city Redmond zip 98052 -2003 Telephone 800 -442 -1142 FAx 425- 867 -4970 Email Order Information Remit 1 Payment Information Address 11811 Willows Road NE Address Mailstog: AP, PO Box 97006 city Redmon State WA zip 98052-20123city Redmond state VVA_ zip 98073 -9706 FAx 425 -867 -4274 FAx 425- 867 -4274 Email rs.physioorders - south @physio - Email customerfinanceQphysio- control.com 2. Company Status (check only one) _Individual I Sole Proprietor _Corporation Partnership _Tax Exempt (Federal income tax - exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) C Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number fortax repqjjA0Wo ses onl 2 Federal Tax Identification Number (TIN) (Vendors who do not have a TIN, will be required to-provide a social security number prior to an award of the contract) Sign ana uate t-orm, �� k1 Certification: Und(�penal6es of e ' 1 certify'tbat the informatron shown on this form is correct to my knowledge. Signature Date l Title executive Vice resident &Chief Financial Officer Phone Number 5QQ:AA,; -1 14 #E13 -6142 EKG Monitors Packet Page -432- 30 11 /12/2013 11.A. 7 county Administathe Seroioes Division Purchasing Attachment 7: Vendor Submittal - Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $100,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence n ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate #13 -6142 EKG Monitors Packet Page -433- 31 11 /12/2013 11.A. ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner provided, however, the surety shall be rated as W" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Govemment, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name David T. Staffb#d, Jr. Insurance Agency MARSH Date 00 t Q? I i 3 Agent Name Telephone Number #13 -6142 EKG Monitors Packet Page -434- EF 11 /12/2013 11.A. Cp7er county mail: adamnorthrup@colliergov.net y Telephone: (239) 252 -6098 Adrrrni&ative Servioes Dmsion FAX: (239) 252 -6302 Pumhasing ADDENDUM #1 Memorandum Date: 08/14/2013 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum #1 13 -6142 — EKG Monitors The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: • Options that were requested in the solicitation document were not listed on the bid tabulation. Please provide pricing for the following accessories. Line # Description Quantity Discounted Price Subtotal 28 Lithium Ion Battery 4-00 150 $309.00 $46,350.00 29 Charging Station 50 1$1,188.75 $59,437.5 30 ADDENDA TOTAL $105,787.5 • Any options requested in the solicitation that are not included with the EKG base system, and are not listed on the bid schedule, should be quoted on an additional sheet marked "requested options." • Due to this addendum, the due date for this solicitation has been extended till Monday August 191h, 2013 at 3:OOPM If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Please sign below and return a cgy of this Addendum with your submittal for the above referenced solicitation. (\ , (Signature) Physio- Control, Inc. (Name of Firm) Packet Page -435- 1611 11Wli--s Date 13 -5142 - EKG Monitors 1 11 /12/2013 11.A. Requested Options Line # Description Qty 28 Li -Ion Battery 5.7Amp 150 29 Base Redi- Charge Mobile Battery Charger - 11141 - 000115 50 29 LIFEPAK 15 Adapter - Redi- Charge Battery Charger - 11140 - 000052 50 29 IAC Power Cord - 11140 - 000072 1 50 30 JADDITIONAL PRODUCTS 50 Line # Description Qty 31 LIFEPAK 15 Basic Carry Case w/ right & left pouches - 11577 - 000002 50 32 LIFEPAK 15 Top Pouch - 11220 - 000028 50 33 LIFEPAK 15 Rear Pouch for Carrying Case - 11260 - 000039 50 34 LIFEPAK 15 AC Power Supply - 11140 - 000072 50 35 Cable - External Power, Extension - 11140 - 000080 50 36 Rainbow DCI ADT Reusable Sensor - 11171 - 000049 50 37 Temp Sensor, Esophageal - Rectal, Disposable, Box of 20 - 11996 - 000360 3 38 LIFEPAK 15 Bed Connector 50 39 Electrode Assy -Ped, QUIK -COMBO RTS - 11996 - 000093 50 40 M -LNCS DCI, Adult Reusable Sensor - 11171 - 000046 50 41 LIFENET PC Gateway 5.0 - 21340- 000706 50 42 NIBP Cuff, Reusable, Child - 11160 - 000003 50 43 JNIBP Cuff, Reusable, Large Adult - 11160 - 000007 50 44 AC Power Cord - 11140 - 000072 (additional 50) 50 45 JADDITIONAL PRODUCTS Line # =- BID TOTAL 27 BID TOTAL (with discount) 30 ADDITIONAL PRODUCTS 45 ADDITIONAL PRODUCTS 46 BID TOTAL (with discount and additional products) Packet Page -436- Discounted Price $309.00 _ ` Subtotal $46,350.00 $1,000.50 $50,025.00 $135.00 $6,750.00 $53.25 $2,662.50 $1,110.00 $105,787.50 Discounted Price Subtotal $207.00 $10,350.00 $36.75 $1,837.50 $53.25 $2,662.50 $1,110.00 $55,500.00 $199.50 $9,975.00 $597.00 $29,850.00 $111.75 $335.25 $96.75 $4,837.50 $33.75 $1,687.50 $214.50 $299.25 $17.25 $10,725.00 $14,962.50 $862.50 $23.25 $53.25 $1,162.50 $2,662.50 $147,410.25 Packet Page -437- 11/12/2013 11.A. 4 -1 i401IM43 11.A. Collier County, FL Solicitation: 13 -6145- EKG Monitors Exhibit I: Scope of Work, Specifications and Response Format Detailed Scope of Work: Each new monitor shall comply with the following, or better specifications: a. AED and manual defibrillation capabilities (Biphasic technology) b. 4 lead EKG monitoring c. 12 lead EKG capabilities d. EtCO2 monitoring e. SpO2 monitoring f. Temperature monitoring g. Non - invasive BP monitoring (adult and pediatric) h. Printing capabilities i. Non - invasive pacemaker j. Carbon monoxide monitoring k. Software to transmit 12 lead EKG to local hospital I. Data transfer file size not to exceed 2 MG in size m. Compatible with Image Trend E -PCR software n. Capable of data transfer via Bluetooth, cable or USB port transfers o. Capable of screen display to be seen in direct sunlight p. Watertight seals to prevent seepage into the electronics q. Capable of transmitting 12 lead EKGs without leaving the patient monitoring mode r. Daily, weekly or monthly EKG test module hardware /software The LIFEPAK ®15 monitor /defibrillator complies with all of the above specifications. One (1) each, of the following accessories are requsted with each of the fifty (50) units (unless otherwise specified) 1. AC power module and power cord 2. Main EKG Trunk Cable 3. 4 Lead EKG Cable 4. 12 Leak EKG Cable 5. Temperature Main Cable 6. Main Truck Cable for Non - Invasive pacing and defibrillation 7. SPO2 /CO sensor and cable 8. EKG Printer 9. Stretcher hanging mechanism 10. Shoulder strap 11. Blood pressure cuffs for large adult, adult and pediatric patients 12. Software and /or hardware to transfer data from the EKG monitor to mobile computers, and the Image Trend E -PCR Software. (can be done via bluetooth, data transfer cable, or data card) 13. Three (3) lithium Ion battery packs per unit (150 total battery packs) i _r" Packet Page -438- 14 14ninn -1 3 11.A. Collier County, FL Solicitation: 13 -6145- EKG Monitors 14. Charging station that can simultaneously charge two (2) or more battery packs 15. Soft side or rugged protection carry cases for monitor and supplies 16. Temperature probe 17. SP02 sensor (Non CO) and cable 18. Two (2) adult defibrillation pads per unit (100 total adult defibrillation pads) 19. Pediatric defibrillation pads The accessories above are included with each LIFEPAK 15 monitor /defibrillator and are itemized on Quote # 1- 268893164. Additionally, the following products or services are requested in this bid: 1. 100 rolls of EKG printer paper Each LIFEPAK 15 device will include two rolls of EKG printer paper. 2. Extended warranty and maintenance contract for each of the fifty (50) units and charging stations, extending to six (6) years (warranty + maintenance contract). The warranty and maintenance should include but are not limited to the following: • Scheduled preventative maintenance /certification • Repair • Replacement • Loaners • Parts • Labor • Shipping Physio - Control is offering a six year Point -of -Sale Technical Service Support Agreement to meet the needs of Collier County. The first year of this agreement would be POS ship -in inspection only while the LIFEPAK 15 device is covered by Physio - Control's Limited Warranty. For years 2 -6, Physio - Control is offering a five year POS ship -in repair and one ship -in inspection per year per device. The total for this six year POS Technical Service Support Agreement is $5,179.00 per device, excluding travel costs. As an alternative, Physio - Control would also like to offer a six year POS Technical Service Support Agreement with on -site support. The first year of this service option would be a POS on -site inspection only, one inspection per year per device. For years 2 -6, Physio - Control is offering a five year POS on -site repair and one inspection per year. The total for this six year on -site POS Technical Service Support Agreement is $5,491.00 per device, excluding travel costs. Physio- Control's Technical Service Support Agreement for the LIFEPAK 15 ^ monitor /defibrillator repair service includes: • Standard detachable hard paddle repairs n _V� Packet Page -439- 11'1'"' ^13 11.A. Collier County, FL Solicitation: 13 -6145- EKG Monitors • Replacement or repair of Physio - Control battery charging systems on a one - for -one basis with the total number of LIFEPAK 15 devices covered by the Agreement and as determined necessary by Physio - Control • Power adaptor repair /replacement • Battery coverage • Replacement of three (3) LIFEPAK Li -ion Batteries every two (2) years, or upon battery failure Point of Sale Technical Service Support Agreements with 4, 5 or 6 year terms must be paid in full up front. All POS agreements must be purchased within 60 days of initial device purchase. � _rte Packet Page -440- Collier County, FL Solicitation: 13 -6145- EKG Monitors Exceptions to Exhibit III: Standard Purchase Order Terms and Conditions 3 11.A. 3. Inspection All goods and /or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval. Inspection and acceptance of product must occur within thirty (30) days of product delivery and in accordance with VENDOR'S Returned Product Policy. . All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense and in accordance with VENDOR'S Returned Product Policy. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices C. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and /or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. D. All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. paymeRt wall be GOMPUt9d 40M the date Of FeGeipt ef goads OF fFem date ef rene*pt Of inVeines Whinhever ie IateF,_payment terms are net thirty (30) days. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. E. Delivery is forty -five (45) days after receipt of invoice, subject to product availability. I _rte Packet Page -441- 14711)nI3 -1 -1 A. Collier County, FL Solicitation: 13 -6145- EKG Monitors with all SpeGifiGatieRs. 7. Warranties In addition to VENDOR's Standard Limited Warranty, VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 18. Termination This Purchase Order may be terminated at any time by either party tie- GOUNT-Y upon 30 days prior written notice to the other party VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within a-A thirty (30) days of receipt of such notice. Exceptions to Exhibit IV: Standard Purchase Order Terms and Conditions If 1111" .01 10. Invoices and Payments Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the IN -.r IN Packet Page -442- IM If 1111" .01 10. Invoices and Payments Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the IN -.r IN Packet Page -442- 4 -1 141) I7n4 3 11.A. Collier County, FL Solicitation: 13 -6145- EKG Monitors specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed 9f the 9669RGe With FespeGt te the Wnely 12. Insurance Requirements The Vendor and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, 'R a like FnaRReF, afteF F9G9'iA of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 16. Security and Background Checks If required, Collier County shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. Also, please be aware that Physio distributors who may be responding to an RFQ for any products except the LIFEPAK CR® Plus and /or LIFEPAK Express® AEDs, and their related accessories, are doing so in violation of their contract with us and so may not be able to fulfill their obligation if awarded. � -.0 IN Packet Page -443- 11/12/2013 11.A. Product Specifications for Monitor /Defibrillator ^ The following specifications are for a portable multi - parameter monitor /defibrillator. Operating Modes 1.1. AED Mode; the device shall function with automated ECG analysis and a prompted protocol for patients in cardiac arrest. 1.2. Manual Mode; the device shall provide manual defibrillation, synchronized cardioversion, and noninvasive pacing and ECG and vital sign monitoring. 1.3. Archive mode; the device shall automatically store patient data and will allow the operator to access stored patient records. 1.4. Setup Mode; the device shall allow the operator to configure the Setup Options of the device. 1.5. Service Mode; the device shall allow the operator to execute device diagnostic tests and calibrations without the need for physically opening the case. 1.6. Demo Mode; the device shall provide simulated waveforms and trend graphs for demonstration purposes. The device shall immediately revert to normal clinical operation if a therapy cable is connected. 2. User Interface 2.1. Controls: 2.1.1. All critical emergency therapy controls shall be grouped together in a logical orientation. Each control is dedicated to a single function to provide for fast, unambiguous access. These controls include Power ON; CPR controls (CPR Metronome), ENERGY SELECT, CHARGE, ANALYZE, SYNC and SHOCK; and pacing controls PACER, RATE, CURRENT and PAUSE. 2.1.2. Critical controls are color coded to enable clear visibility and to help the user distinguish each control for rapid access. n 2.1.3. All critical measurement controls are dedicated to single function hard keys to provide for fast, unambiguous access. These controls include LEAD, SIZE, NIBP and 12- LEAD. 2.1.4. Additional operational controls are dedicated to single function hard keys to provide for fast unambiguous access. These controls include TRANSMIT, PRINT, EVENTS, DISPLAY MODE, CODE SUMMARY and HOME SCREEN. 2.1.5. All controls are accessible on the front panel of the device while operating the unit in all typical settings including patient treatment and transport (i.e. equipped with carrying case). 2.1.6. All controls operate with a single press except the ON control, which requires the user to push and hold the ON button for a few seconds to turn the device off to prevent turning off the device inadvertently. 2.1.7. The SYNC control is located separate from the primary defibrillation controls to prevent accidental activation during cardiac arrest. 2.2. Audible Prompts 2.2.1. While in Manual mode, the monitor allows the operator to enable or disable voice prompts. 2.2.2. Shock tone can be set to ON or OFF when full charge is reached. 2.2.3. Volume settings are adjustable for CPR metronome, alarms, QRS beep, voice prompts and tones; some tones can be silenced with one push of a button. 2.3. Patient Connection 2.3.1. Patient connections: All patient connections are visible and accessible on the front panel of the device while operating the unit in all typical settings including patient treatment and transport (i.e. equipped with carrying case) or when housed on a closed shelf. 2.3.2. Therapy Cable offers a solid, positive connection to device that is not vulnerable to shock or impact; it is easily inserted or removed with a gloved hand without the need for additional tools for quick replacement during patient use in case it becomes damaged. August 2012 Packet Page -444- 11 /12/2013 11.A. 2.3.3. ECG cable offers a solid connection and easy removal without side -to -side tension to preserve integrity of cable. 2.3.4. CO2 connector accepts sensors for intubated and non - intubated patient applications without additional adapters, to maximize clinical functionality. CO2 monitoring activates automatically when a sensor is connected. 2.3.5. SPO2 /SPCO /SpMet all use a common connection and include lock out for incompatible sensors. SpO2 /SpCO /SpMet monitoring activates automatically when a proper sensor is connected. 2.3.6. NIBP connector is self - locking and can be easily removed with one hand. 2.3.7. P1 /P2 connector(s) are available from the front of the device. 2.3.8. 1 00m Printer access is available from the front of the device. 2.4. Display 2.4.1. The device active viewing area is 212 mm (8.4 in) diagonal; 171 mm (6.7 in) wide and 128mm (5.0 in) high. 2.4.2. The device display is dual -mode color backlit display with a resolution of 640 x 480 pixels. 2.4.3. The primary mode is a black background with color waveforms and text data. Waveforms and values are automatically color synchronized to real -time display of patient data to facilitate assessment at a glance (ex. blue pulse oximetry waveform matched with blue pulse oximetry value; green ECG waveform matched with green heart rate). 2.4.4. A secondary mode is black parameter and real time patient data on a white background, for clear viewing in bright sunlight. The user may toggle between primary and secondary viewing modes with each mode available in less than 1 second. 2.4.5. The device displays patient ECG and alphanumeric characters for patient parameter values, device instructions, and prompts. 2.4.6. The device provides the option to display one or two additional waveforms. 2.4.7. The device can be set up for display of up to three simultaneous waveforms. 2.4.8. The device includes a 'home screen' key which, when depressed, returns the display to normal patient monitoring mode without the need to cycle or backtrack through menus. 2.4.9. The display displays status of one or two batteries (including installed, active, low, require replacement, remaining capacities), Bluetooth® connections and selected energy. 3. Defibrillator 3.1. The device uses a biphasic truncated exponential waveform with the following characteristics: 3.1.1. Voltage compensation to address varying patient impedance. 3.1.2. Variable duration based on patient impedance. 3.1.3. Escalating energy levels up to 360J to maximize clinical options and treat the widest range of patients. The full range of energy levels are accessible at any time (except internal defibrillation), as limited by pre- determined patient impedance ranges. 3.2. The device has the following energy accuracy: 3.2.1. ±1J or 10% of setting, whichever is greater, into 50 Ohms. 3.2.2. ±1J or 10% of setting, whichever is greater, into 50 Ohms ±2J or 15% of setting whichever is greater into 25 -175 Ohms. 3.3. The device offers the following paddle options: 3.3.1. Hands -free pacing /defibrillation /ECG electrodes. 3.3.2. Adult Standard Hard Paddles and Pediatric Paddles with standard slip on, conical shaped pediatric paddle attachments with a nominal surface area of 15.4 cm2. 3.3.3. Standard paddles with the ability to select energy and charge the defibrillator without having to refer to the defibrillator control panel to facilitate ease of use. August 2012 2 Packet Page -445- 11 /12/2013 11.A. 3.4. The therapy cable has a length of 2.4m (8 ft), not including electrode assembly. ^ 3.5. The charge time to 360 joules does not typically exceed 10 seconds. 3.6. The device can monitor the patient ECG for a potentially shockable rhythm and alert the operator, even while in Manual defibrillation mode. 4. External Defibrillation (AED) 4.1. The device is capable of being setup to power on in the AED mode. 4.2. The device can be set up to automatically and continuously monitor the patient ECG for a potentially shockable rhythm. 4.3. The device allows the operator to configure the output energy delivery sequence to be used during Advisory mode as 200/200/360 or 200/300/360 joules. 4.4. During AED mode when a shockable ECG rhythm is detected the device can be ready to deliver a shock within 20 seconds with a fully charged battery installed. 4.5. The device is capable of adjusting the AED protocol by providing the ability to adjust settings for energy protocol, Auto Analyze timing, Motion Detection, Pulse Check, CPR time after a shock, CPR time after No Shock Advised, Initial CPR, Pre -shock CPR, Metronome parameters, and stacked shocks to meet AHA, IEC and local protocols. 4.6. AED mode is allowed only with a hands -free electrode system. 4.7. The device allows switching from AED mode to Manual mode with or without a password or not allowed based on local protocol. 4.8. The device allows switching from AED mode to pacing. 4.9. The device allows advisory monitoring. 4.9.1. The device allows use of all the monitoring functions without initiating the AED prompted protocol when the device is turned on. 4.9.2. When needed, the AED mode prompted protocol can be initiated by pressing ANALYZE. 4.9.3. The device can be set up to restrict access to Manual mode therapies —that is, manual defibrillation, sync cardioversion, or pacing —by unauthorized users. 4.9.4. When in Advisory Monitoring, an ADVISORY MODE - MONITORING message appears continuously. 4.9.5. All configured monitoring functions such as NIBP, SPOZ and 12 -lead ECG can be used in Advisory Monitoring. 4.9.6. The uppermost real -time waveform display is reserved for ECG information, Lead II; dashes are shown until the patient is connected to an ECG cable or therapy cable. 4.9.7. In Advisory Monitoring, LEAD II and PADDLES lead are the only ECG monitoring leads allowed. 4.9.8. An ECG analysis system is active and automatically evaluates the patient ECG for a potentially shockable rhythm. If a shockable ECG rhythm such as VF is detected, a PUSH ANALYZE prompt occurs. Pressing ANALYZE causes the device to enter AED Mode. 5. Manual Defibrillation Mode 5.1. The device operates in manual mode using adult and pediatric hands -free pacing /defibrillation /ECG electrodes, adult standard paddles, or pediatric paddles. 5.2. The device can be set up to operate in Manual mode when it is turned on. 5.3. While in manual mode, the device allows the operator to select the following energy settings; 2, 3, 4, 5, 6, 7, 8, 9, 10, 15, 20, 30, 50, 70, 100, 125, 150, 175, 200, 225, 250, 275, 300, 325 and 360 joules or a user configurable sequence of 150 -360 (1st shock), 150 - 360 (2nd shock), 150 - 360 joules (3rd shock). 5.4. The device allows he operator to select energy, charge and shock from front panel controls or from controls located on the paddles. August 2012 3 Packet Page -446- 11 /12/2013 11.A. 6. Synchronized Cardioversion 6.1. The device allows for a shock to be automatically delivered that is synchronized to a patient's ECG. 6.2. An indicator is shown on the ECG QRS where the shock will be delivered. 6.3. The device allows adjustment of the shock delivery point by the use of an ECG size control. 6.4. During synchronous cardioversion, the device begins energy transfer within 60ms of the QRS peak. 6.5. The Synch Mode may be set up to return to asynchronous mode after a synchronize shock or stay in synch mode. 7. Pacer 7.1. The device operates in demand and non - demand modes. 7.2. The device allows the user to program a preferred /default starting mode. 7.3. The device allows the operator to set the default rate and current values. 7.4. The device generates pacing pulses at a rate of 40 to 170ppm. 7.5. The accuracy of the pacing output rate is within +/- 1.5% over the entire range. 7.6. The device generates a monophasic, truncated exponential current pulse (20 +/- 1.5 ms). 7.7. The device allows the operator to select the pacing output current from 0 to 200 mA. 7.8. The device incorporates a pacing pause function which allows the operator to reduce the pacing rate by a factor of 4, to allow assessment of the patient's underlying ECG rhythm. 7.9. The pacing circuit includes automatic adjustment of the refractory period (function of rate) from 200 to 300ms +/- 3 %, to ensure the delivered rate is consistent with the operator selected rate. 8. ECG Monitor 8.1. The device monitors patient ECG via the following means: 8.1.1. Three (3) wire cable for 3 -lead ECG monitoring. 8.1.2. Five (5) wire cable for 7 -lead ECG monitoring. 8.1.3. Ten (10) wire cable for 12 -lead ECG acquisition. The cable should be multi- segmented (main trunk, 4 -wire section, 6 -wire section) to facilitate multiple functionality and minimize replacement costs. 8.1.4. When the 6 chest electrodes are removed, the 10 wire cable functions as a 4 -wire cable. 8.1.5. QUIK - COMBO® pacing /defibrillation /ECG electrodes for paddles monitoring. 8.2. Lead selection; the device shall provide the following monitoring options: 8.2.1. Leads I, 11, III with the 3 -wire cable. 8.2.2. Leads I, II, III, AVR, AVL, and AVF with the 4 -wire cable (simultaneous acquisition). 8.2.3. Leads I, 11, III, AVR, AVL, AVF and C with the 5 -wire cable (simultaneous acquisition). 8.2.4. Leads I, 11, III, AVR, AVL, AVF, VI, V2, V3, V4, V5, and V6 with the 10 -wire cable (simultaneous acquisition). 8.3. The monitor allows the operator to adjust the ECG size using the following settings: 4, 3, 2.5, 2, 1.5, 1, 0.5, 0.25 cm /mV; (fixed at 1 cm /mV for 12- lead). 8.3.1. The monitor digitally displays patient heart rates from 20 to 300 bpm. 8.3.2. The monitor flashes a heart symbol for each patient QRS detected. n 8.4. The monitor incorporates a continuous patient surveillance system, which, while in advisory mode or as a VF/VT alarm in manual mode, will monitor the patient via paddles lead or Lead II for potentially shockable ECG rhythms and alert the operator to CHECK PATIENT if a shockable ECG rhythm is detected. August 2012 4 Packet Page -447- 11 /12/2013 11.A. 8.5. The device provides a continuous 1V /mV x 1.0 gain analog ECG output. ^ 8.6. The device provides common mode rejection of at least 90dB at 50 /60Hz. 8.7. The device offers the following frequency response settings: 8.7.1. Monitoring electrodes: 0.5 to 40Hz or 1.0 to 30Hz (monitoring frequency response); 0.05 to 40Hz or 0.05 to 150Hz (diagnostic frequency response). 8.7.2. Paddles: 2.5 to 30Hz. 8.7.3. Analog ECG Output: 0.67 to 32Hz (except 2.5 to 30Hz for Paddles ECG). 9. 12 -Lead ECG Algorithm 9.1. The device incorporate University of Glasgow 12 -Lead ECG analysis program. 9.2. The analysis program includes interpretative statements to describe the 12 -lead ECG including statements such as "Meets ST Elevation MI Criteria ". 9.3. The 12 -lead ECG provides information related to leads disconnected and noisy ECG and requires user interaction to proceed with acquiring a 12 -lead ECG report and interpretation with noisy ECG data. 9.4. The device provides the option of printing the interpretation on the 12 -Lead ECG report. 9.5. The device provides the option of printing the 12 -Lead ECG report at 25mm /sec or 50mm /sec. 9.6. The 12 -lead ECG report shall offer a 3- Channel Standard format with an optional 4- Channel Standard, 3- Channel Cabrera or 4- Channel Cabrera format. 9.7. The device offers the option of printing automatically on the acquisition of a 12 -Lead. 9.8. The device includes trending of ST measurement after an initial 12 -Lead analysis and automatically generates a 12 -Lead ECG to alert the operator if any change in ST elevation or depression is detected. n 9.9. The 12 -Lead ECG is derived from ten (10) physical ECG leads rather than extrapolated from only five (5) leads to ensure clinical accuracy consistent with the established monitoring standard. 9.10. The 12 -Lead ECG algorithm distinguishes between adult and pediatric patients using different algorithms established by user -input age. 9.11. The 12 -Lead ECG algorithm distinguishes between male and female patients using different algorithms established by user -input gender. 10. Pulse Oximetry (SPO2), Carbon Monoxide (SpCO) and Methemoglobin (SpMet) monitoring 10.1. The device incorporates SPO2, SpCO and SpMet monitoring using Masimo® Rainbow° technology and compatible sensors. 10.2. Pulse Oximetry (SPO2) 10.2.1. The device measures, displays and stores SPO2 values in the range of 50 to 100 %. 10.2.2. The device updates the SPO2 displayed value (on average) every 4, 8, 12, or 16 seconds. 10.2.3. The saturation accuracy of the SPO2 circuit shall be 70 to 100 %. 10.2.4. The device display saturation rates from the SPO2 circuit to within ±2 digits without motion and t3 with motion. 10.2.5. Historical trended values can be displayed on- screen or on printed trending report. 10.2.6. The device displays pulse rates from 25 to 240 pulses per minute. 10.2.7. The device displays pulse rates from the SPO2 circuit to within ±3 pulses per ^ minute without motion and ±5 pulses per minute with motion. 10.2.8. The SPO2 display section of the monitor shall include a dynamic signal strength bar graph. August 2012 5 Packet Page -448- 11 /12/2013 11.A. /—N 10.2.9. The device has user - adjustable sensitivity and averaging time settings to compensate for low perfusion states and patient movement, respectively. 10.2.10. The device emits a pulse tone proportional to the displayed SP02 value. 10.2.11. The device can be set up to turn SP02 tone to off. 10.2.12.The device is capable of displaying an IR (pleth) waveform. 10.2.13.This waveform is configurable as part of pre - defined lead group with the option to display as a default. SP02 waveform has autogain control. 10.3. Carbon Monoxide (SpCO) 10.3.1. The device measures, displays and stores SpCO values in the range of 0 to 40 %. 10.3.2. The device displays SpCO values to within t3 digits accuracy. 10.3.3. Historical trended values can be displayed on- screen or on printed trending report. 10.4. Methemoglobin (SpMet) 10.4.1. The device measures, displays and stores SpMet in the range of 0 to 15.0 %. 10.4.2. The resolution is 0.1 % for SpMet value from 0 to 10% and 1 % for values from 10 to 15 %. 10.4.3. The device displays SpMet circuit to within t1 digits accuracy. 10.4.4. Historical trended values can be displayed on- screen or on printed trending report. 10.5. Noninvasive Blood Pressure (NIBP) 10.5.1. The device is capable of displaying blood pressure values in mmHg. 10.5.2. The device measures Systolic Pressure in range: 30 to 255 mmHg. 10.5.3. The device measures Diastolic Pressure in range: 15 to 220 mmHg. �-. 10.5.4. The device measures Mean Arterial Pressure (MAP) in range: 20 to 235 mmHg. 10.5.5. The device measures BP with accuracy of maximum mean error of t5 mmHg. 10.5.6. The device typically performs a blood pressure measurement in 20 seconds. 10.5.7. The device measures Pulse rate in range: 30 to 240 PPM. 10.5.8. The device measures pulse rate with accuracy ±2 PPM or ±2 %, whichever is greater. 10.5.9. The device offers a choice of initial cuff inflation pressures. 10.5.10. The device can be set to perform automatic recurring measurements at the following set intervals - 2, 3, 5, 10, 15, 30, 60 minutes. 10.5.11.The device allows the user to set a pre - defined default setting for NIBP interval. 10.5.12.The device allows automatic cuff deflation in case of excessive pressure (greater than 290 Hg) or in case measurement time exceeds 120 seconds. 10.5.13.A range of disposable and reusable NIBP cuffs are available, including latex free. 10.5.14. NIBP cuffs are single bladder to facilitate placement independent of patient artery for rapid setup. 10.5.15. Historical trended values shall be displayed on- screen or on printed report. 11. Capnography (EtCO2 monitoring) 11.1. The device incorporates capnography, using Oridion Microstream® technology. 11.2. Capnography monitoring activates automatically upon connecting FilterLine® or Smart CapnoLine®. 11.3. The device allows monitoring of intubated and non - intubated patients without the need for additional equipment, adapters, or setup. 11.4. The device does not have any CO2 sensor external to the device due to external sensor vulnerability to damage and high replacement cost. 11.5. The device is capable of displaying CO2 value in kPa, Vol %, or mmHg. 11.6. The device does not use any separate water traps or filters — these should be August 2012 6 Packet Page -449- 11 /12/2013 11.A. integrated into the sensor to facilitate ease of use and setup. 11.7. The device is specific to CO2 and not adversely affected by the presence of Non -0O2 gases. There is no requirement for user input to indicate which gases are present. 11.8. The device uses disposable CO2 intubated and non - intubated sensors to eliminate risk of cross contamination between patients. 11.9. The capnography option is compatible with Oridion FilterLine and Smart CapnoLine CO2 accessories. 11.10. The device measure CO2 pressure in range: 0 to 99 mmHg (0 to13.2kPa).The device shall display CO2 waveform. 11.11. The device measures CO2 with the following accuracy: 11.11.1. 0 -80 bpm: 0 to 38 mmHg t2 mmHg 39 to 99 mmHg ±5% of reading plus 0.08% for every 1 mmHg above 38 mmHg 11.11.2. > 80 bpm: 0 to 18 mmHg ±2 mmHg 19 to 99 mmHg ± 4 mmHg or t 12% of reading (whichever is higher) 11.12. The device measures respiration rate in a range of 0 to 99 breaths /minute. 11.13. The device measures respiration rate with the following accuracy: 11.13.1. 0 to 70 bpm: ±1 bpm 11.112. 71 to 99 bpm: ±2bpm 11.14. The device has a typical initialization time of 30 seconds. 11.15. The initialization time will not exceed 180 seconds. 11.16. The rise time of the CO2 waveform is less than or equal to 190 msec. 11.17. The response time of CO2 waveform including the delay time and rise time is 3.3sec. n 11.18. The device automatically compensates for ambient pressure changes. 11.19. Historical trended values display on- screen or on printed report. 11.20. The CO2 system can be easily calibrated by certified technicians through the service menu using standard procedures with known sample gas value. 12. Invasive Pressure (IP) 12.1. The device offers two (2) channels of Invasive Pressure monitoring, with both waveform and numerics displayed. Channels will activate automatically once cables are connected. The device allows connection of sensors that are compliant with industry standard AAMI BP22 pressure transducers with 5pVN /mmHG sensitivity. 12.2. The device includes a measurement range of —30 to +300mmHg in six selectable ranges. 12.3. The device is capable of displaying readings in mmHg and includes waveform support. 12.4. The device offers user - selectable labels of ART, PA, CVP, ICP and LAP for P1 or P2. 12.5. The device is compatible with strain -gauge resistive bridge transducers with a 5pVN /mmHg sensitivity. 12.6. The device has a bandwidth of DC -30 Hz ( < -MB). 12.7. The device has a numeric accuracy of ±1 mmHg or 2% of reading, whichever is greater, plus transducer error. 12.8. Historical trended values display on- screen or on printed report. 13. Alarms 13.1. The device incorporates a Quick Set feature which activates default values for parameter and patient alarms. Alarms are established relative to baseline rate and specific to each vital sign. 13.2. The user may select a wide or narrow tolerance of alarms around baseline. August 2012 7 Packet Page -450- 11 /12/2013 11.A. /'O 13.3. The user may select a range of silence periods for the alarms. 13.4. The silence function applies only to the specific alarm that has been violated; new alarms will include and audible tone and are silenced separately. 13.5. Audible tone is always provided for VF /VT alarm. 13.6. The device incorporates a VF/VT alarm which activates continuous patient surveillance of potentially shockable ECG rhythms during manual mode operation with therapy electrodes and through standard ECG electrodes. 14. Trending 14.1. The device offers on- screen trending with choice of HR, PR (SPO2), PR (NIBP), SPO2 ( %), SpCO ( %), SpMet ( %),CO2(EtCO2 /FiCO2), RR (COO, NIBP, IP1 , IP2, or ST. 14.2. Trending is activated automatically for each vital sign used — no additional user intervention is required other than opting to view the trended data on- screen. 14.3. The device includes a timescale of 30 minutes, 1, 2, 4 or 8 hours or autoscale. 14.4. The device includes up to 8 hours of trend data. 14.5. The device includes trending of ST measurement after an initial 12 -lead analysis. A 12 -lead ECG will automatically print to alert the operator following a series of consistent ST elevations or depressions. 14.6. A printed trend summary is available either on- demand or at the conclusion of the event summary. 15. Printer 15.1. The device prints a continuous strip of the displayed patient information. 15.2. The device includes a 100mm (3.9 in) thermal recorder that is easily accessible from the front of the device. Paper shall be of standard roll format to facilitate replacement and minimize waste. 15.3. The device prints at 25mm /sec or 12.5mm /sec +/- 5% (measured in accordance with AAMI EC -11, 4.2.5.2). 15.4. The delay from display to printing is 8 seconds. 15.5. The device allows the operator to set up automatic printing of waveform events as they occur, in any combination. 15.6. The device offers the following frequency response settings for the printer: 15.6.1. Monitoring frequency: 0.67 to 40 Hz 15.6.2. Monitoring frequency: 1 to 30 Hz 15.6.3. Diagnostic frequency: 0.05 to 40 Hz 15.6.4. Diagnostic frequency: 0.05 to 150 Hz 16. Data Management 16.1. The device captures and stores patient data, events (including waveforms and annotations), continuous ECG waveform and diagnostic 12 -Lead ECG reports in internal memory. 16.2. The device allows the operator to enter the following patient information: 16.2.1. Last Name 16.2.2. First Name 16.2.3. Incident ID 16.2.4. Patient ID 16.2.5. Age 16.2.6. Sex 16.3. If patient age has been previously entered while acquiring a 12 -Lead ECG that value is automatically entered in the age field. If the age has been previously entered into the patient information field noted it will used when acquiring the first 12 -Lead ECG without further user intervention. 16.4. The device allows stored reports to be retrieved for transmission to a remote location. August 2012 8 Packet Page -451- 11 /12/2013 11.A. Transmitted reports must be received by a personal computer (PC) with appropriate software ^ installed. 16.5. The device provides a means to manage archived patient records. Access to these records in the device has optional password protection. Options to manage archived records shall include: 16.5.1. Transmit archived patient records 16.5.2. Print archived patient records 16.5.3. Delete archived patient records 16.5.4. Add demographic data to archived patient records 16.6. The total memory capacity of the device is at least 400 single waveform events or 360 minutes of continuous ECG. Maximum memory capacity for a single patient includes up to 200 single waveform reports and 90 minutes of continuous ECG. 16.7. Memory is internal rather than by removable cards, to eliminate replacement cost issues and to protect data integrity /patient confidentiality. 16.8. The device allows the operator to store the following report options: 16.8.1. Short, medium, or long CODE SUMMARYTm reports 16.8.2. Initial ECG 16.8.3. Auto vital sign measurements every five minutes and whenever alarm limits are exceeded 16.8.4. 3- channel or 4- channel format 12 -Lead ECG report 16.8.5. Continuous waveform - 360 minutes continuous ECG record 16.8.6. Trend summary (includes patient information, vital signs data and vital signs graphs). 16.8.7. Vital Signs — includes patient information, event and vital signs log. 16.8.8. Snapshot — includes patient information and 8 seconds of transmitted ECG captured at the time of transmission. 16.9. Data Management Architecture 16.9.1. When transferring data, the device outputs data in a format compatible with hospital cardiology information systems such as the Marquette MUSE CV® cardiovascular information system. 16.9.2. The data transferred from the device can be transferred and managed using Web -based distribution and management. The data center is managed by the manufacturer on a 7/24 basis. 17. Communications 17.1. The device is capable of transferring data records via a direct connection to a PC. 17.2. The device is capable of transferring data records by an internal Bluetooth to other Bluetooth devices. 17.3. The device provides the option of transmitting 12 -Lead ECG reports to a personal computer installed with appropriate software via a direct cable or wireless connection. 17.4. The device and communication system supports the following 12 -lead features: 17.4.1. Alert at the receiving end that a 12 -lead ECG has arrived 17.4.2. Transmission to multiple locations 17.4.3. Auto forwarding of 12 -lead ECG report 17.4.4. Sharing of electronic 12 -lead report via email 17.4.5. Acknowledgement of successful transmission at the device 18. Power 18.1. Battery Options; the device operates using Lithium -ion, rechargeable batteries. 18.2. The device operates with one or two batteries; it operates from only one battery at a time, monitors the state of each battery and automatically switches to the second battery when a low battery is detected for the first battery, without interruption of functional operation. 18.3. Operating Time; two (2) new fully charged Lithium -ion batteries provide the following prior August 2012 9 Packet Page -452- 11 /12/2013 11.A. to shutdown at 20° C (68° F): 18.3.1. Monitoring typical 360 minutes, minimum 340 minutes 18.3.2. Pacing typical 340 minutes, minimum 320 minutes 18.3.3. Defibrillation (360J) typical 420 shocks minimum 400 shocks 18.4. Capacity after Low Battery warning 18.4.1. Monitoring typical 21 minutes, minimum 12 minutes 18.4.2. Pacing typical 20 minutes, minimum 10 minutes 18.4.3. Defibrillation (360J) typical 30 shocks minimum 6 shocks 18.5. The device displays battery icons at the top display area for each battery placed in the device. The battery icons indicate the state of battery charge and which of the two batteries is being used to supply power to the device. Low battery status is indicated with a low battery icon, flashing battery icon and a low battery message warning message. 18.6. The batteries icons will not be active for any battery pack not provided from the original manufacturer. 18.7. The Lithium -ion batteries have four horizontal bars, or battery charge indicators that indicate when the individual battery has: greater than 70% charge (four bars), greater than 50% charge (three bars), greater than 25% charge (two bars), and 25% or less charge (one bar). 18.8. When both batteries reach a low battery condition, the device emits an audible voice prompt to replace the battery. 18.9. The device retains the operator parameter settings with an inadvertent power loss of less than 30 seconds. 18.10. The device displays a service indicator when a fault is detected 19. Maintenance 19.1. Each time the monitor /defibrillator is powered on, it performs internal self -tests to check that internal electrical components and circuitry work properly. 19.2. The defibrillator stores the results of all user - initiated self -tests in a test log. 19.3. When the defibrillator is on and a problem is detected that requires immediate service, such as a malfunctioning charging circuit, the Service LED is illuminated. 19.4. The defibrillator performs an automatic self -test daily at 03:00 (3:00 A.M.), if not in use. During the automatic self -test, the defibrillator turns itself on (ON LED illuminates) briefly, completes self -test, stores the self -test results in a test log and turns itself off. 19.5. The device is capable of a manual user test that includes charging and discharging the defibrillator, and printing a report. 19.6. The device has provision to transfer the test log report to a PC by a cable or by wireless means. 19.7. The device has provisions to upgrade for future AHA specifications. 19.8. The device offers a user replaceable screen protector. 19.9. The device offers a removable /interchangeable shock - absorbing handle. 20. Physical Characteristics 20.1. The device does exceed the following weight limits: 20.1.1. Basic monitor /defibrillator with new roll of paper and two batteries installed 8.6 kg (18.9 Ibs) 20.1.2. Full featured monitor /defibrillator with new roll of paper and two batteries installed 9.1 kg (20.1 Ibs) 20.1.3. Lithium -ion battery: 0.59 kg (1.3 Ibs) 20.1.4. Accessory bags and shoulder strap: 1.77 kg (3.9 Ibs) 20.1.5. Standard paddles: 0.95 kg (2.1 Ibs) 20.2. The device does exceed the following dimensions: 20.2.1. Height: 31.7cm (12.5 in) 20.2.2. Width: 40.1 cm (15.8 in) August 2012 10 Packet Page -453- 11 /12/2013 11.A. 20.2.3. Depth: 23.1 cm (9.1 in) 21. Environmental conditions for operation as specified 21.1. The device operates from 00 to 45 °C (32° to 113 0F). It operates from -200 to 0° C (40 to 32 °F) or 450 to 60 °C (1130 to 160 °F) for 1 hour after storage at room temperature. 21.2. The non - operating temperature range of the device is -300 to +70 °C ( -220 to 158 °F) except therapy electrodes and batteries. 21.3. The device operates in relative humidity from 5 to 95 %, non - condensing. 21.4. The device operates from ambient to 429mmHg ( -1,253 to 15,000 ft) with NIBP: -152 to 3,048m ( -500 to 10,000 ft). 21.5. The device meets vibration per MIL - STD -810E Method 514.4, Propeller Aircraft - category 4 (figure 514.4 -7 spectrum a) Helicopter - category 6 (3.75 Grms), Ground Mobile - category 8 (3.14 Grms) EN 1789: Sinusoidal Sweep, 1 octave /min, 10 -150 Hz, ±0.15 mm /2 g. 21.6. The device operates after 5 drops on each side from 18 inches onto a steel surface EN 1789: plus a 30 -inch drop onto each of 6 surfaces. 21.7. The device operates after a functional shock per IEC 60068 -2 -27 and MIL - STD -810E shock requirements 3 shocks per face at 40 g, 6 ms half -sine pulses. 21.8. The device operates after 1000 bumps at 15 g with pulse duration of 6 msec. 21.9. The device can withstand an impact per IEC 60601 -1 0.5 + 0.05 joule impact UL 60601 -1 6.78 Nm impact with 2 -inch diameter steel ball: Meets IEC62262 protection level IK 04. 21.10. The device is dust- and splash -proof (IP44) per IEC 529. 21.11. The device meets EMC emissions standards: EN 60601 -1- 2:2001 Medical Equipment General Requirements for Safety - Collateral Standard: Electromagnetic Compatibility - Requirements and Tests, EN 60601 -2- 4:2003: (Clause 36) Particular Requirements for the Safety of Cardiac Defibrillators and Cardiac Defibrillator- Monitors. 21.12. The device withstands 60 hour exposure to the chemicals: Betadine (10% Povidone- Iodine solution), Coffee, Cola, Dextrose (5% Glucose solution), Electrode Gel /Paste (98% water, 2% Carbopol 940), HCL (0.5% solution, pH =1), Isopropyl Alcohol and NaCl (0.9% solution). Cosmetic discoloration of the paddle well shorting bar shall be allowed following exposure to HCL (0.5% solution). 22. Configuration Settings 22.1. To prevent unauthorized access to the setup and service menus, the device requires separate 4 digit numeric security passcodes to be entered. 22.2. General: allows selection of the following: 22.2.1. Language choice. 22.2.2. CODE SUMMARY format of short, medium, long. 22.2.3. Trend Summary format of short medium, long. 22.2.4. Site number up to 14 characters. 22.2.5. Device ID up to 14 characters. 22.2.6. Auto Log: automatic recording and storage of vital signs every 5 minutes ON or OFF. 22.2.7. Line filter setting of 50 or 60 Hz. 22.2.8. Screen message timeout value of 5, 10 or 30 seconds. 22.3. Manual Mode: allows selection of the following; 22.3.1. Resume sync after shock ON or OFF. 22.3.2. Pads default energy setting of 2, 5, 10, 50, 100, 125, 150, 175, 200, 225, 250, 275, 300, 325, 360, or Energy Protocol (Power -on energy setting (joules) for standard paddles and therapy electrodes). 22.3.3. Energy protocol allows presetting energy for sequence of 3 shocks: each shock may be preset to a value of 150J to 360J with the requirement that energy value for shock 2 cannot be less than shock 1 energy level, and the energy value for shock 3 cannot be less than shock 2 energy value. 22.3.4. Voice prompts ON or OFF in manual mode. August 2012 11 Packet Page -454- 11/12/2013 11.A. 22.3.5. Shock tone ON or OFF when full charge is reached. 22.3.6. Manual Access selection of AED / Confirm Once, AED / Confirm Always, AED / passcode Once, AED / Passcode Always, AED / Restricted. 22.3.7. Set passcode to enter manual access when AED / Passcode Once or AED / passcode Always are selected for Manual Access. 22.4. AED Mode: allows selection of the following: 22.4.1. Energy protocol allows presetting energy for sequence of 3 shocks: each shock may be preset to a value of 150J to 360J with the requirement the energy value for shock 2 cannot be less than shock 1 energy level, and the energy value for shock 3 cannot be less than shock 2 energy value. 22.4.2. Stacked Shocks Enable consecutive shocks without CPR. 22.4.3. Automatically analyzes after each shock ON or OFF. 22.4.4. Motion detection ON or OFF. 22.4.5. Allow a pulse check prompt choices of Never (Never prompt for Pulse Check), After second NSA (After every "No Shock Advised" (NSA) except for first analysis NSA result), After Every NSA (Only after "No Shock Advised "), or Always (After every three -shock stack and every NSA). 22.5. CPR Setup 22.5.1. CPR Time 1 can set CPR interval after each shock to 15, 30, 45, 60, 90, 120, 180 seconds, 30 minutes. 22.5.2. CPR Time 2 can set CPR interval after No Shock Advised decision to 15, 30, 45, 60, 90, 120, 180 seconds, 30 minutes. 22.5.3. Initial CPR provides the choice to enable an initial CPR time period immediately after the device is turned on, to Analyze first, or to disable an initial CPR time period. 22.5.4. Initial CPR Time can be set to 15, 30, 45, 60, 90, 120 or 180 seconds. 22.5.5. Pre -Shock CPR provides the ability to have a CPR interval after shock advised decision of 15 or 30 seconds or to be disabled. Note Pre -Shock CPR applies to the second and all subsequent shocks. 22.6. Metronome 22.6.1. Enable provides the metronome during CPR and may be Off or On. 22.6.2. The C:V ratio for an Adult with No Airway can be set to 30:2, 16:1, 15:2, 12:1, 10:1 or 100:0. 22.6.3. The C:V ratio for an Adult with an Airway can be set to: 30:2, 16:1, 15:2, 12:1, 10:1 or 100:0. 22.6.4. The C:V ratio for a Youth with No Airway can be set to: 30:2, 16:1, 15:2, 12:1, 10:1 or 100:0. 22.6.5. The C:V ratio for a Youth with Airway can be set to: 30:2, 16:1, 15:2, 12:1, 10:1, or 100:0. 22.7. Pacing: allows selection of the following: 22.7.1. Default pacing rate of 40 to 170 ppm. 22.7.2. Default output current of 0 to 200 mA. 22.7.3. Default mode of DEMAND or NON - DEMAND. 22.7.4. Default internal pacing detection ON or OFF. 22.8. Monitoring Setup allows selection of the following; 22.8.1. Channels... Set up to 5 groups of multi - channel waveforms to display as follows: 22.8.1.1. Set 1 Select multi - channel waveforms for Set 1 22.8.1.2. Set 2 Select multi - channel waveforms for Set 2 22.8.1.3. Set 3 Select multi - channel waveforms for Set 3 22.8.1.4. Set 4 Select multi - channel waveforms for Set 4 22.8.1.5. Set 5 Select multi - channel waveforms for Set 5 22.8.2. Channel 1 waveform selections include: Paddles, ECG Lead I, ECG LEAD 11, ECG lead III, aVR, aVL, aVF, V1, V2, V3, V4, V5 orV6. Note 2 When a 3 -lead cable is used, Channel 1 displays only ECG leads I, II, or III, even if any other lead (except August 2012 12 Packet Page -455- 11 /12/2013 11.A. paddles lead) is selected in setup. Paddles selection in Channel 1 suppresses ECG ^ lead selections in Channels 2 and 3. 22.8.3. Channel 2 waveform selections include: None, Cascading ECG, ECG Lead I, ECG lead 11, ECG Lead 111, aVR, aVL, aVF, V1, V2, V3, V4, V5, V6, CO2, P1, P2 or SP02. 22.8.4. Channel 3 waveform selections include: None, ECG Lead I, ECG Lead, 11, ECG Lead III, aVR, aVL, aVF, V1, V2, V3, V4, V5, V6, CO2, P1, P2, or S1302. 22.8.5. Continuous ECG storage of ECG waveform Off or On. 22.8.6. SP02 Tone SP02 Pulse tone Off or On. 22.8.7. CO2... Set up CO2 defaults as follows: 22.8.7.1. Set CO2 units of measure to mmHg, kPa or % 22.8.7.2. Set body temperature correction factor for EtCO2 value to Off or On. 22.8.8. NIBP... Set up NIBP defaults as follows: 22.8.8.1. Initial cuff pressure to 180, 160, 140, 120, 100, or 80 mmHg. 22.8.8.2. Measurement interval to Off, 60, 30, 15, 10, 5, 3 or 2 minutes. 22.9. 12 -lead ECG acquisition. The device uses the University of Glasgow 12 -Lead ECG Analysis program and provides the following setup choices: 22.9.1. Transmit automatically on acquisition Off or On. 22.9.2. Print automatically on acquisition Off or On. 22.9.3. Print speed for 3- Channel 12 -Lead report of 25 mm /sec or 50 mm /sec 22.9.4. 12 -Lead interpretation Off or On. 22.9.5. Print format for 12 -Lead reports of 3- Channel Standard, 4- Channel Standard, 3- Channel Cabrera or 4- Channel Cabrera. 22.10. Events: allows selection of the following: 22.10.1. Selection of events 2 through 11 from a pre - configured list. 22.10.2. Selection of events 12 through 22 from a pre - configured list. n 22.10.3. User customization of up to 18 events to be included in the list. 22.11. Alarms: allows selection of the following: 22.11.1.Set volume for alarms, tones, and voice prompts. 22.11.2. Enable or disable parameter alarms at power up. 22.11.3.VF/VT alarm enabled or disabled. 22.12. Printer: allows selection of the following: 22.12.1.Auto print event selection: 22.12.1.1. Print defibrillation events ON or OFF 22.12.1.2. Print pacing events ON or OFF 22.12.1.3. Print CHECK PATIENTS events ON or OFF 22.12.1.4. Print SAS events ON or OFF 22.12.1.5. Print patient alarms ON or OFF 22.12.1.6. Print operator annotated events ON or OFF 22.12.1.7. Print initial rhythm ON or OFF 22.12.2. Default ECG frequency response of: 22.12.2.1. Monitor 0.5 — 40 Hz 22.12.2.2. Diagnostic 0.05 —150 Hz 22.12.3. Print alarm Waveforms with an alarm events in CODE SUMMARY Off or On. 22.12.4. Print event waveforms with user - entered events in CODE SUMMARY Off or On. 22.12.5. Print waveforms with vital signs in CODE SUMMARY On or Off. 22.13. Transmission: allows selection of the following: 22.13.1. Setup 72 data transmission sites 22.13.1.1. Site name up to 14 characters 22.13.1.2. Output port to Bluetootho, Direct Connect or both 22.13.1.3. Clear list of site 22.13.1.4. Select default destination site to None. After sites are defined or select from the list. August 2012 13 Packet Page -456- 11 /12/2013 11.A. �. 22.13.1.5. Select default report for data transmission of Snapshot, All, Code Summary, Trend Summary, Vital Signs, 12 -Lead or Continuous ECG. 22.13.1.6. Wireless Enable wireless communication Off or On. 22.13.1.7. Enable filtering of Bluetooth device searches to On or Off. 22.13.2. Clock: allows selection of the following: 22.13.2.1. Set the current date and time. 22.13.2.2. Select real or elapsed time on the display. 22.13.2.3. Daylight Savings Time ON or OFF. 22.13.2.4. Select time zone form non or Universal Time code for 74 time zones. 22.13.3. Reset Defaults: allows selection of the following: 22.13.3.1. Cancel and return to Setup Screen. 22.13.3.2. Reset all values to the factory default settings. 22.13A.Print Defaults: Provides printout of the current device configuration setup. 22.13.5. Send Configuration: Transfer the device setup configuration to another device. 22.13.6. Set Passcode: allows selection of the following: 22.13.6.1. Set passcode to enter Setup mode (the current passcode appears 0000). Rotate and press SPEED DIAL to select digits. 22.13.6.2. Select passcode access for Archives mode to No Passcode, Archives Only, Delete Only, Archives /Delete. 22.13.6.3. Set passcode to enter Archives mode 0000 (Rotate and press SPEED DIAL to select digits). 22.13.7. Delete Records... Set passcode to delete records in Archives mode 0000. (Rotate and press SPEED DIAL to select digits.) 22.13.8. The device allows the entire list of configuration settings to be transferred to other identical devices via the Configuration Setup Tool Software application using a ^ direct connect cable, thereby eliminating the need to configure Setup Options on each device separately. 23. Power Adapters 23.1. Power Adapters provide operation and battery charging from external AC or DC power 23.2. Full functionality with or without batteries when connected to external AC /DC 23.3. Typical battery charge time via power adapters is 190 minutes 23.4. Auxiliary power indicator on defibrillator illuminated when connected to auxiliary power. 23.5. Battery charging indicator illuminated when batteries are fully charged and flashing if either battery is being charged. A means for attaching the power adapter to the device is available. 24. Other 24.1. Device is designed to help the operator meet HIPAA (Health Insurance Portability and Accountability Act of 1996) requirements. 25. Temperature Monitoring 25.1. The device offers both invasive temperature and surface temperature monitoring via disposable patient sensors. The temperature measurement will automatically populate on screen when the sensor is placed in /on the patient. 25.2. Temperature monitoring range is from 24.80 to 45.2 °C (76.60 to 113.4 °F) 25.3. The Resolution shall be: 0.1 °C 25.4. The measurement Accuracy shall be: ±0.2 °C including sensor 25.5. The device must have the following Accessories: 25.5.1. Reusable Temperature Cable: 5 foot or 10 foot n 25.5.2. Disposable Sensor Types: 25.5.2.1. Surface for reading Skin temp; 25.5.2.2. Esophageal /Rectal for core monitoring; 25.5.2.3. Foley Catheter for core monitoring. August 2012 14 Packet Page -457- 11 /12/2013 11.A. 25.6. The connection point at the monitor must utilize Molex style connectors. ^ 26. Continuous waveforms. 26.1. LIFEPAK 15 captures all the continuous waveforms that are displayed. 26.2. In CODE STAT 9.0 or greater, continuous waveforms can be viewed for post -event review. For example, the waveforms for capnography and SPO2 can be viewed. 27. STEMI Recognition 27.1. Measures the STJ levels and then prints them on a 12 -lead. 27.2. The STJ Levels are automatically printed anytime that a 12 -lead is printed. 27.3. After the first 12 -lead acquisition, if a patient's STJ levels have shifted by 1 mm for 2.5 minutes in any lead, the monitor automatically prints another 12 -lead ECG and notes the new STJ levels on the printout. 28. Voice Recording 28.1. With the Titan II Wireless Audio Gateway attached to the LIFEPAK 15, the Audio Gateway automatically records audio. 28.2. 270 minute capacity. 28.3. Up to 90 minutes per episode. 28.4. Audio recordings can be heard in versions of CODE -STAT 9.0 software or greater. August 2012 15 Packet Page -458- ,#*-N ?I\ 11� 11 /12/2013 11.A. Physio - Control, Inc. 11811 Willows Road NE P.O. Box 97023 Redmond, WA 98073 -9723 U.S.A www.physio- control.com tel 800.442.1142 fax 800.732.0956 To: Les Williams Collier County EMS Quote#: 1- 268893164 8075 Lely Cultural Pkwy NAPLES, FL 34113 Rev#: 4 Phone: (239) 252 -3782 Quote Date: 08/12/2013 Ieswillilams @colliergov.net Sales Consultant: Jason Navarro 800 -442 -1142 x 72817 FOB: Redmond, WA Terms: All quotes subject to credit approval and the following terms & conditions SERVICE LINE ITEMS #17 AND #18 MUST BE PAID IN FULL AT TIME OF ORDER. Exp Date: 11/10/2013 Contract: None Line Catalog # / Description Qty Price Unit Disc Trade-in Unit Price Ext Total 1 99577 - 001218 - LP15 v2 MONITOR/DEFIB, 50 $34,545.00 $8,636.25 $6,000.00 $19,908.75 $995,437.50 CPR, Pace, to 360j, SPO2/CO, 12L GL, NIBP, CO2, Trend, BT, TMP INCLUDED AT NO CHARGE: 2 PAIR QUIK -COMBO ELECTRODES PER UNIT- 11996- 000091, TEST LOAD - 21330 - 001365, N- SERVICE DVD - 21330 - 001486 (one per order) , SERVICE MANUAL CD- 21300 - 008084 (one per order) and ShipKit- (RC Cable) 41577- 000109 INCLUDED. HARD PADDLES, BATTERIES, CARRYING CASE NOT INCLUDED. 2 11577- 000002 - LIFEPAK 15 Basic Carry Case 50 $276.00 $69.00 $0.00 $207.00 $10,350.00 w/ right & left pouches Includes shoulder strap 11577 - 000001 3 11220 - 000028 - Top Pouch 50 $49.00 $12.25 $0.00 $36.75 $1,837.50 Storage for sensors and electrodes. Insert in place of standard paddles. 4 11260 - 000039 - LP15 Rear Pouch for carrying 50 $71.00 $17.75 $0.00 $53.25 $2,662.50 case 5 11141 - 000115 - BASE -REDI- CHARGE MOBILE 50 $1,334.00 $333.50 $552.00 $448.50 $22,425.00 BATTERY CHARGER BASE- REDI- CHARGE BATTERY CHARGER 6 11140 - 000052 - LP 15 ADAPTER- REDI- 50 $180.00 $45.00 $0.00 $135.00 $6,750.00 CHARGE BATTERY CHARGER LP 15 ADAPTER- REDI- CHARGE BATTERY CHARGER 7 11140- 000072 - LP15 AC Power Supply 50 $1,480.00 $370.00 $0.00 $1,110.00 $55,500.00 8 11140 - 000080 - CABLE - EXTERNAL POWER, 50 $266.00 $66.50 $0.00 $199.50 $9,975.00 EXTENSION CABLE - EXTERNAL POWER, EXTENSION 9 11140 - 000015 - AC POWER CORD 100 $71.00 $17.75 $0.00 $53.25 $5,325.00 10 21330 - 001176 - LI -ION BATTERY 5.7 AMP 150 $412.00 $103.00 $0.00 $309.00 $46,350.00 HOUR CAPACITY RECHARGEABLE LITHIUM -ION, WITH FUEL GAUGE Packet Page -459- Quote Products (continued) Quote#: Rev#: Quote Date: 11 11171 - 000049 - RAINBOW DCI ADT 50 $796.00 $199.00 $335.25 REUSABLE SENSOR, REF 2696 $96.75 $4,837.50 $0.00 $33.75 RAINBOW DCI ADT REUSABLE SENSOR, REF 2696 $0.00 $214.50 $10,725.00 12 11996- 000360 - Temp Sensor, Esophageal- 3 $149.00 $37.25 $13,700.00 Rectal, 9FR, Disp (box of 20) $4,905.00 $245,250.00 $0.00 13 11996 - 000374 - LP15 BED CONNECTOR 50 $129.00 $32.25 14 11996 - 000093 - ELECT ASSY- PED,QC 50 $45.00 $11.25 RTS,WORLDWIDE FOR USE ONLY ON MANUAL DEFIBRILLATOR/MONITORS. 15 11171 - 000046 - M -LNCS DCI, ADULT 50 $286.00 $71.50 REUSABLE SENSOR, REF 2501 M -LNCS DCI, ADULT REUSABLE SENSOR, REF 2501 16 21340- 000706 - LIFENET PC GATEWAY 50 $399.00 $99.75 RELEASE 5.0 17 MC999- 001020 -1 - POS - Point of Sale service 50 $274.00 $0.00 for the LIFEPAK 15 - 1 year 18 MC999- 001008 -5 - Point of Sale ship -in repair 50 $4,905.00 $0.00 and 1 ship -in inspection per year - 5 years Contracts with 4 and 5 year terms must be paid in full up front. 19 11160 - 000003 - NIBP CUFF- 50 $23.00 $5.75 REUSEABLE,CHILD 20 11160 - 000007 - NIBP CUFF- 50 $31.00 $7.75 REUSEABLE,LARGE ADULT 11 /12/2013 11.A. 1- 268893164 4 08/12/2013 $0.00 $597.00 $29,850.00 $0.00 $111.75 $335.25 $0.00 $96.75 $4,837.50 $0.00 $33.75 $1,687.50 $0.00 $214.50 $10,725.00 $0.00 $299.25 $14,962.50 $0.00 $274.00 $13,700.00 $0.00 $4,905.00 $245,250.00 $0.00 $17.25 $862.50 AO-N, $0.00 $23.25 $1,162.50 GRAND TOTAL $1,479,985.25 Trade -in Detail Product Qty Unit Value Total Value Pricing Summary Totals ...... _.......... List Price: $2,323,797.00 Trade -ins: $327,600.00 Cash Discounts: $516,211.75 GRAND TOTAL FOR THIS QUOTE $1,479,985.25' 2 Packet Page -460- 11/12/2013 11.A. TO PLACE AN ORDER, PLEASE FAX A COPY OF THE QUOTE AND PURCHASE ORDER TO: # 800 - 732 -0956, ATTN: REP SUPPORT PHYSIO- CONTROL, INC. REQUIRES WRITTEN VERIFICATION OF THIS ORDER.A PURCHASE ORDER IS REQUIRED ON ALL ORDERS $10,000 OR GREATER BEFORE APPLICABLE FREIGHT AND TAXES.THE UNDERSIGNED IS AUTHORIZED TO ACCEPT THIS ORDER IN ACCORDANCE WITH THE TERMS AND PRICES DENOTED HEREIN. SIGN TO THE RIGHT: Ref. Code: MH/00244501/1- 4FBM8V CUSTOMER APPROVAL (AUTHORIZED SIGNATURE) 1►/_1W4 TITLE DATE Notes: TAXES, FREIGHT AND HANDLING FEES WILL BE ADDED AT TIME OF SHIPMENT, IF APPLICABLE. ABOVE PRICING VALID ONLY IF QUOTE IS PURCHASED IN ITS ENTIRETY. (OPTIONAL ITEMS NOT REQUIRED). IF QUOTE REFLECTS TRADE -IN VALUES,CUSTOMER ASSUMES RESPONSIBILITY FOR SHIPMENT OF TRADE -IN UNITS TO PHYSIO- CONTROL, INC. ITEMS LISTED ABOVE AT NO CHARGE ARE INCLUDED AS PART OF A PACKAGE DISCOUNT THAT INVOLVES THE PURCHASE OF A BUNDLE OF ITEMS. CUSTOMER IS SOLELY RESPONSIBLE FOR APPROPRIATELY ALLOCATING THE DISCOUNT EXTENDED ON THE BUNDLE WHEN FULFILLING ANY REPORTING OBLIGATIONS IT MIGHT HAVE. Serial numbers for (10) Zoll M- Series devices and (40) Philips MRX devices required at time of order. Serial numbers for (46) chargers required at time of order. Trade -in values are a function of the market value and the condition of the device at the time of trade in, thus values may be subject to change. Please note that device serial numbers are required at time of order. Packet Page -461- 3 11 /12/2013 11.A. Quote#: 1- 268893164 Rev#: 4 Optional Products. Quote Date: 08/12/2013 1 MC999- 001017 -1 - LIFEPAK 15 Point of Sale 50 $326.00 $0.00 $326.00 $16,300.00 Service Agreement - 1 year. On Site inspection only. 1 Inspection per year 2 MC999- 001005 -5 - POS - 5 YEAR. On -site 50 $5,165.00 $0.00 $5,165.00 $258,250.00 repair and one inspection per year. Price per unit. Contracts with 4 and 5 year terms must be paid in full up front. 4 Packet Page -462- 11 /12/2013 11.A. TERMS OF SALE General Terms Physio - Control, Inc.'s acceptance of the Buyer's order is expressly conditioned on product availability and the Buyer's assent to the terms �\ set forth in this document and its attachments. Physio - Control, Inc. agrees to furnish the goods and services ordered by the Buyer only on these terms, and the Buyer's acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by the Buyer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on the Buyer's purchase order or on other documents submitted to Physio - Control, Inc. by the Buyer. These terms may only be revised or amended by a written agreement signed by an authorized representative of both parties. Pricing Unless otherwise indicated in this document, prices of goods and services covered by this document shall be Physio - Control, Inc. standard prices in effect at the time of delivery. Prices do not include freight insurance, freight forwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind applicable to the goods and services covered by this document. Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services covered by this document unless Physio - Control, Inc. receives a copy of a valid an exemption certificate prior to delivery. Please forward your tax exemption certificate to the Physio - Control, Inc. Tax Department P.O. Box 97006, Redmond, Washington 98073 -9706. Payment Unless otherwise indicated in this document or otherwise confirmed by Physio - Control, Inc. in writing, payment for goods and services supplied by Physio- Control, Inc. shall be subject to the following terms: • Domestic (USA) Sales - Upon approval of credit by Physio - Control, Inc., 100% of invoice due thirty (30) days after invoice date. • International Sales - Sight draft or acceptable (confirmed) irrevocable letter of credit. Physio - Control, Inc. may change the terms of payment at any time prior to delivery by providing written notice to the Buyer. Delivery Unless otherwise indicated in this document, delivery shall be FOB Physio - Control, Inc. point of shipment and title and risk of loss shall pass to the Buyer at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms. In the absence of shipping instructions from the Buyer, Physio - Control, Inc. will obtain transportation on the Buyer's behalf and for the Buyer's account. Delays Delivery dates are approximate. Physio - Control, Inc. will not be liable for any loss or damage of any kind due to delays in delivery or non- delivery resulting from any cause beyond its reasonable control, including but not limited to, acts of God, labor disputes, the requirements of any governmental authority, war, civil unrest, terrorist acts, delays in manufacture, obtaining any required license or permit, and Physio - Control, Inc. inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio - Control, Inc. and the Buyer's agreement and the delivery dates shall be extended for the length of such delay. Inspections and Returns �\ Claims by the Buyer for damage to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Physio - Control, Inc. with written notice of any deficiency. Payment is not contingent upon immediate correction of any deficiencies and Physio - Control, Inc. prior approval is required before the return of any goods to Physio - Control, Inc. Physio - Control, Inc. reserves the right to charge a 15% restocking fee for returns. The Physio - Control Returned Product Policy is located at http: / /www. physio- control. com /uploaded Fi les /su pporUReturn Policy_3308529_A. pdf. Service Terms All device service will be governed by the Physio - Control, Inc. Technical Services Support Agreement which is available from your sales representative or http: / /www. physio - control .com /uploadedFiles /products/ service- plans/Technica[ServiceAgreement .pdf. All devices that are not under Physio - Control Limited Warranty or a current Technical Service Support Agreement must be inspected and repaired (if necessary) to meet original specifications at then - current list prices prior to being covered under a Technical Service Support Agreement. If Buyer is ordering service, Buyer affirms reading and accepts the terms of the Technical Service Support Agreement. Warranty Physio - Control, Inc. warrants its products in accordance with the terms of the standard Physio - Control, Inc. product warranty applicable to the product to be supplied. Physio - Control, Inc. warrants services and replacement parts provided in performing such services against defects in accordance with the terms of the Physio - Control, Inc. service warranty set forth in the Technical Service Support Agreement. The remedies provided under such warranties shall be the Buyer's sole and exclusive remedies. Physio - Control, Inc. makes no other warranties, express or implied, Including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO- CONTROL, INC. BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES. Patent & Indemnity Upon receipt of prompt notice from the Buyer and with the Buyer's authority and assistance, Physio - Control, Inc. agrees to defend, indemnify and hold the Buyer harmless against any claim that the Physio - Control, Inc. products covered by this document directly infringe any United States ofAmerica patent. Miscellaneous a) The Buyer agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws of the United States of America. b) Through the purchase of Physio - Control, Inc. products, the Buyer does not acquire any interest in any tooling, drawings, design information, computer programming, patents or copyrighted or confidential information related to said products, and the Buyer expressly agrees not to reverse engineer or decompile such products or related software and information. c) The rights and obligations of Physio - Control, Inc. and the Buyer related to the purchase and sale of products and services described in this document shall be governed by the laws of the State of Washington, United States of America. All costs and expenses incurred by the prevailing party /—*N related to enforcement of its rights under this document, including reasonable attorneys fees, shall be reimbursed by the other party. Packet Page -463- 11 /12/2013 11 _A_ Physio - Control, Inc. Returned Product Policy If Customer desires to return a purchased product, Customer must call its local Physio- Control representative or the Physio - Control regional sales office for information on credit or replacement of any purchased and non - expired product. A Returned Material Authorization (RMA) number will be provided and must be clearly identified on the carton of any returned product. Customer must return the product to Physio - Control in its original packaging, unopened, and undamaged, except for product that was received in a damaged condition or as otherwise authorized by Physio - Control, which product may be returned in its existing condition. Physio - Control will not accept the return of a non - defective and conforming product if Customer breaks the security seal on the product. Physio - Control will provide an RMA and accept the return of any product under any of the following circumstances: a) Physio - Control shipped the product in error; b) Customer received the product after the product's expiration date; C) Customer received the product in a damaged condition; d) The product is recalled and must be removed from the market; or e) Physio - Control specifically authorizes the return of the product (a 15% restocking fee may apply). Product must be returned within 30 working days from the date the Customer receives the product or within 30 working days from the date the Customer receives notice of recall, if applicable. Upon receipt of a properly returned product, Physio - Control will apply a full credit to Customer's account or provide replacement. Customer is advised that product returned without an RMA number, or not otherwise authorized, will not be accepted and will be returned to Customer at Customer's expense. For further information, please contact Physio - Control at 800.442.1142 or visit our website at www.physio - control.com. 6 ?010 Phvsio- Control, Inc. 11811 Willows Rd NE, Redmond, WA, 98052 USA. All right reserved. GDR 3308529A Packet Page -464- 11 /12/2013 11.A. Limited Warranty US /Canada /New Zealand Subject to the limitations and exclusions set forth below, the following Physio - Control products which are purchased from authorized Physio- Control representatives or authorized resellers for use in the United States of America, Canada or New Zealand, and are used in accordance with their instructions, will be free from defects in material and workmanship appearing under normal service and use as defined below: Eight Years: • New LIFEPAK CR® Plus automated external defibrillator and internal battery system Five Years: • New LIFEPAK' 15 monitor /defibrillator series, used in clinic and hospital settings exclusively (with no use in mobile applications) • New LIFEPAK 12 defibrillator /monitor, used in clinic and hospital settings exclusively (with no use in mobile applications) • New LIFEPAK 20 defibrllator /monitor family of products, used in clinics and hospital settings exclusively (with no use in mobile applications) • New LIFEPAK 1000 defibrillators • New LIFEPAK EXPRESS® automated external defibrillator and internal battery system Two Years: • New Trainer 1000 trainer One Year: • New LIFEPAK 15 monitor /defibrillator series, which includes use in out -of- hospital and mobile applications • New LIFEPAK 12 defibrillator /monitor series, which includes use in out -of- hospital and mobile applications • RELl ' LIFEPAK 12 defibrillator /monitor series • New LUCAS" Chest Compression System • New LIFEPAK 500T trainer • New LIFEPAK CR -T trainer • Internal Battery System for LIFEPAK 20 defibrillator /monitor family of products • Battery charging systems and power adapters • All batteries and battery paks, excluding CHARGE -PAK- Charging Unit • Masimo SET® Rainbow® patient cables and reusable sensors • New TrueCPR' Coaching Device 180 Days: • Masimo® SET Sp02 only patient cables and reusable sensors 90 Days: • CHARGE -PAK Charging Unit (external system) for LIFEPAK CR Plus defibrillator • Installed customer repair parts • All other product accessories 30 Days: • Internal paddles and internal paddle handles Packet Page -465- (continued on back) 11 /12/2013 11.A. Limited warranty time limits begin on the date of delivery to the First Owner.' Physio - Control warrants neither error -free nor interruption -free performance. The sole and exclusive remedy of the First Owner under this Limited Warranty is repair or replacement of defective material or workmanship at the option of Physio - Control. To qualify for the repair or replacement, the product must have been continuously owned by the First Owner and not have been repaired or altered outside of an authorized Physio - Control factory in any way which, in the judgment of Physio - Control, affects its stability and reliability. The product must have been used in accordance with applicable operating instructions and in the intended environment or setting. The product must not have been subjected to misuse, abuse or accident. Physio - Control, in its sole discretion, will determine whether warranty service on the product will be performed in the field or through ship - in repair. For field repair, this warranty service will be provided by Physio - Control at the purchaser's facility or an authorized Physio - Control facility during normal business hours. For ship -in repair, all products and /or assemblies requiring warranty service should be returned to a location designated by Physio - Control, freight prepaid, and must be accompanied by a written, detailed explanation of the claimed failure. Products repaired or replaced under this warranty retain the remainder of the warranty period of the repaired or replaced Product. Except for the Limited Warranty provided above, PHYSIO- CONTROL MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOMER OR OTHERWISE. THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON. PHYSIO- CONTROL IS NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS OR PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. ANY LEGAL ACTION ARISING FROM THE PURCHASE OR USE OF PHYSIO- CONTROL PRODUCTS SHALL BE COMMENCED WITHIN ONE YEAR FROM THE ACCRUAL OF THE CAUSE OF ACTION, OR BE BARRED FOREVER. IN NO EVENT SHALL PHYSIO- CONTROL'S LIABILITY UNDER THIS WARRANTY OR OTHERWISE EXCEED THE GREATER OF $50,000 OR THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE CAUSE OF ACTION. Products are warranted in conformance with applicable laws. If any part or term of this Limited Warranty is held to be illegal, unenforceable or in conflict with applicable law by any court of competent jurisdiction, the validity of the remaining portions of the Limited Warranty shall not be affected, and all rights and obligations shall be construed and enforced as if this Limited Warranty did not contain the particular part or term held to be invalid. Some geographies, including certain US states, do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives the user specific legal rights. The user may also have other rights which vary from state to state or country to country. 1 First Owner means the first purchaser or lessee of the products listed above, directly from Physio- Control, through a Physio - Control corporate affiliate, or from an authorized Physio - Control reseller, and includes the invoiced purchaser's corporate affiliates, and their respective employees, officers and directors. Physio- GontroI will pass through warranties offered by Third Party Manufacturers. For further information, please contact Physio - Control at 800.442.1142 (U.S.), 800.895.5896 (Canada) or visit our website at www.physio- control.com Physio - Control Headquarters Physio- Control Canada 11811 Willows Road NE Physio - Control Canada Sales, Ltd Redmond, WA 98052 7111 Syntex Drive, 3rd Floor www.physio- control.com Mississauga, ON Customer Support 1_5N 8C3 P. O. Box 97006 Canada Redmond, WA 98073 Toll free 800 895 5896 Toll free 800 442 1142 Fax 866 430 6115 r� Fax 800 426 8049 ©2013 Physio - Control, Inc. All names herein are trademarks or registered trademarks of their respective owners. Masimo, the Radical logo. Rainbow. and SET are registered trademarks of Masimo Corporation. GDR 3315920 A Packet Page -466- 1194913"it For Emergency Medical Services Packet Page -467- 11/12/2013 11 /12/2013 11.A. you need the most advanced monitor/ defibrillator that sets the new standard in innovation, operations and toughness. r s� -yr 11/12/2013 The LIFEPAK 15 monitor /defibrillator delivers. Physio - Control defibrillators have set the standard for over 55 years, and the latest version of the LIFEPAK" 15 monitor/ defibrillator raises the bar. As our most advanced emergency response monitor /defibrillator, the LIFEPAK 15 device balances sophisticated clinical technologies and supreme ease of use in a device that's tough enough to stand up to your most challenging environments. Evolving from its original platform, the 15 adds new features — temperature monitoring and external power —to complement existing features which include 360J energy and 12 -lead ECG transmission. And that means your team can be even more effective. A LIFEPAK device never stands on its own —and the LIFEPAK 15 monitor is no different. Physio - Control is committed to providing innovative solutions for emergency response care, from first responders to throughout the hospital. Our products have helped save tens of thousands of lives. We're proud to continue this work with new features in the LIFEPAK 15 monitor /defibrillator. Packet Page -469- 11 /12/2013 11.A. LIFEPAK 15 MONITOR /DEFIBRILLATOR The new standard in clinical innovation. The pioneer in portable defibrillation and monitoring technology, Physio - Control is committed to creating technologies and devices that change the way you provide emergency care. You can see the results in the latest version of the LIFEPAK 15 monitor /defibrillator, which sets a new standard in innovation —yet again. Packet Page -470- n 11� Advanced monitoring parameters With more monitoring capabilities than any other monitor /defibrillator, the 15 gives you EtCO2 with continuous waveform capture'. Masime Rainbow' technology helps you detect hard -to- diagnose conditions and improve patient care with noninvasive monitoring of carbon monox- �MRSIMOSET• ide, SpO2 and methemoglobin. In addition, the 15 now offers temperature monitor- ing— and like other data, you can transmit it to other systems, trend it, or display for post -event review in CODE- STATTm data review software. Advanced support for treating cardiac patients The 15 continuously monitors all 12 leads in the background and alerts you to changes using the ST- Segment trend monitoring feature, after acquiring the initial 12 -lead. Additionally, STJ values are now included on the 12 -lead printout to help you identify changes. The 15 also works seamlessly with the web -based LIFENET System 5.0, so you can automatically share critical patient data with multiple patient care teams. Full energy up to 360 joules, for every patient who needs it The LIFEPAK 15 monitor /defibrillator features 360J biphasic technology, which gives you the option of escalating your energy dose up to 360J for difficult -to- defibrillate patients. Why is this necessary? Recent studies have shown that refibrillation is common among VF cardiac arrest patients and that defibrillation of recurring episodes of VF is increasingly difficult. Another recent randomized controlled clinical trial shows the rate of VF termination was higher with an escalating higher energy regimen of 200J and over.' Proven CPR guidance and post event review The CPR Metronome in the LIFEPAK 15 monitor uses audible prompts to guide you without distracting vocal critique. A metronome has been a feature that has been demonstrated to help professionals perform compressions and ventilations within the recommended range of the 2010 AHA Guidelines. Post -event review of CPR data and delivering feedback to the team has been shown to be effective in improving CPR quality in both hospital and out-of- hospital."' And by transmitting code data directly to CODE -STAT Data Review software, EMS personnel can review CPR statistics and provide training and feedback where it is most needed. Post -event review of CPR data and delivering feedback to the team has been shown to be effective in improving CPR quality in both hospital and out -of- hospital.- "' Packet Page -471- 11/12/2013 11/12/2013. 1 1.A. LIFEPAK°15 MONITOR /DEFIBRILLATOR 11_1N\ The new standard in operational effectiveness. Flexible, connected and easy to use, the LIFEPAK 15 monitor /defibrillator was designed based on the feedback and needs specific to working in the field. Dual -mode LCD screen with SunVueT" display Switch from full -color to high- contrast SunVue mode with a single touch for the best full -glare view in the industry. A large screen (8.4 inches diagonally) and full -color display provide maximum viewability from all angles. Flexible power options Choose between external worldwide AC or DC power, or use the latest Lithium -ion dual battery technology for up to six hours of power. The LIFEPAK 15 monitor's two -battery system requires no maintenance or conditioning, and allows you to charge batteries in the device. In addition, you can track the status and service life of your batteries using LIFENET® Asset, part of the LIFENET System data network. Data connectivity Code summaries can be The 15 collects code summaries and equipment status data along with critical clinical information sent directly to your quality as you treat patients. Using LIFENET Connect, part of the LIFENET System data network, improvement team for the code summaries can be sent directly to your quality improvement team for review with CODE -STAT Data Review Software. Your equipment manager can also view equipment status review with CODE -STAT on the LIFENET System 5.0 using LIFENET Asset and alert you to any potential issues. Data Review Software. Upgradable platform The 15 platform is flexible enough to adapt to evolving protocols and new guidelines, and can be upgraded as you're ready to deliver new capabilities. With more processing power and speed, the 15 is designed to grow as your needs change, helping you avoid costly premature replacements. Attention to detail The LIFEPAK 15 monitor is designed based on field feedback to make it a more effective tool. The 15 has a larger handle for easier handoffs, an easy to clean keypad, and a common interface to the LIFEPAK 12 defibrillator /monitor that helps reduce training. Packet Page -474- /� 11_� 11/12/2013 The new standard in toughness. We believe LIFEPAK equipment should live up to the highest expectations of those working in the harshest settings. The 15 is LIFEPAK TOUGH, with improved ruggedness and durability you can rely on. Works when dropped, kicked, soaked or dirty The LIFEPAK 15 monitor /defibrillator passes 30 -inch drop tests, which is equal to falling off a cot or dropping it in transit. And with an IP44 rating, it doesn't matter how wet or dirty it gets, so you can keep working in steady wind, rain and other harsh environments. Toughened inside and out We heard from emergency response teams that they wanted a tougher device —so we added a shock - absorbing handle, a double -layer screen that can take a beating from doorknobs and cot handles, and redesigned cable connections for confident monitoring and therapy delivery. Unmatched field service The unit's self- checking feature alerts our service team if the device needs attention. Our on site maintenance and repair, access to original manufacturer parts, and highly trained, experienced service representatives give you the peace of mind that your LIFEPAK 15 monitor will be ready when you need it.' Data connectivity LIFEPAK TOUGHTM A variety of customized service options are available. Packet Page -475- Dual -mode LCD screen with SunVue display MONITOR /DEFIBRILLATOR 12 -lead ECG transmissions via the LIFENET System and ST segment trend monitoring make the LIFEPAK 15 device a vital part of decreasing EMS -to- Balloon (E2B) response times. Integrated Carbon Monoxide and Methemoglobin monitoring. SO? 14F� i NIBP� _^ 1 �cu i miP r iK, fir � TRANSNVT CODE SUMMARY PRINT The latest Lithium -ion battery technology and dual battery system allows for nearly six hour run time, automatic switching between external power and batteries, and an • approximate two -year replacement cycle. Easy one -touch Bluetooth data transmission. 5. frw Large:screen 16r better visibility and easy monitoring and one touch to switch from LCL3 color view to Su tVue mode for best viewing in sunlight. Ergonomically designed handle has built -in shock absorbers for cushion and fits two gloved hands for easy pass off. ON CPR .k " i FNFRRV i L CPR Metronome, a proven technology SELECT that actively guides users to a consistent ANALYZE compression rate without the need for extra external hardware. ild SIZE SYNC NIBP PACER z j RATE OPTIONS �; TCURRENTJ� 4' -E i - Integrated Oridion EtCO2 provides waveform EVENT PAUSE ranges as low as 0-20 mmHg to help identify ROSC or gauge CPR quality, consistent with 1AL the AHA guidelines. _.. NOf,1E 5 � SCREEN,I : The LIFEPAK 15- monitor/ defibrillator at a g lance. • Redesigned cable connector gives you the confidence for secure therapy delivery. to T_ =n M D K 0 c� a a� first response professionals, clinical care providers, and the community. 11/12/2013 A legacy of trust. Since we were founded in 1955, Physio - Control has been giving medical professionals around the world legendary quality and constant innovation. Our LIFEPAK devices have been carried to the top of Mount Everest. They've been launched into orbit on the International Space Station. And you'll find more than half a million units in use today on fire rescue rigs, ambulances, and hospital crash carts worldwide. We are inspired and informed by the rescuers who choose our products to save lives. The knowledge gained from working with some of the world's largest EMS organizations helps us constantly improve clinical standards and durability. Today, we continue our legacy of innovation with leading new technologies that improve patient care. Our 360J biphasic tech- nology gives patients the best chance at survival. Our secure, web -based flow of ECG data helps improve STEMI patient outcomes. And our carbon monoxide monitoring helps catch the number one cause of poisoning deaths. From the streets to the emergency room to the administrative office, we offer a powerful suite of solutions that range from code response to quality control analysis. And even as we bring ground- breaking products to the market, some things don't change. As always, when you choose our products, you don't just get a device. You also get the most comprehensive warranty in the business, industry- leading technical service, and a partner with over 55 years of experience in emergency care. For more information about the LIFEPAK 15 monitor/ defibrillator —and how it can help you do what you do best — please contact your local Physio- Control representative or visit www.physio- controi.com. Packet Page -479- 11 /12/2013 11.A. LIFEPAK`15 MONITOR /DEFIBRILLATOR Physio- Control Family of Products and Services Defibrillators /Monitors LIFEPAK W Plus Automated External Defibrillator Featuring the same advanced technology trusted by emergency medical professionals —yet simple to use —the fully- automatic LIFEPAK CR Plus AED is designed specifically for the first person to respond to a victim of sudden cardiac arrest. LIFEPAK01000 Defibrillator The LIFEPAK 1000 Defibrillator is a powerful and compact device designed to treat cardiac arrest patients and provide continuous cardiac monitoring capabilities. Built -in flexibility allows the 1000 to be programmed for use by first responders or professionals and enables care providers to change protocols as standards of care evolve. - LIFEPAK" 15 Monitor /Defibrillator The LIFEPAK 15 monitor /defibrillator is the new standard in emergency care for ALS teams who want the most clinically innovative, operationally effective, and LIFEPAK TOUGH device available today. -"Waft 20e Defibrillator /Monitor y Clinically advanced and packed with power, the LIFEPAK 20e defibrillator /monitor is highly intuitive for first responders, and also skillfully combines AED function with manual capability so that ACLS- trained clinicians can quickly and easily deliver advanced therapeutic care. CPR Assistance LUCAS" Chest Compression System Designed to provide effective, consistent, and uninterrupted compressions according to AHA Guidelines, LUCAS can be used on adult patients in out -of- hospital and hospital settings. Packet Page -480- 11/12/2013 Information Management _.....,.._,.::.;:N�.: LIFENETO System The LIFENEf System provides EMS and hospital care teams with reliable, quick access to clink rw V cal information through a secure, web -based platform, helping to improve patient care flow and - operational efficiency. CODE- STAT" 9.0 Data Review Software CODE -STAT 9.0 data review software is a retrospective analysis tool that provides easy access to data, reports, and post -event review. Support ReadyLink" 12 -Lead ECG Handheld, portable, and easy -to -use, the revolutionary ReadyLink 12 -Lead ECG quickly and easily captures and transmits 12 -lead data to hospitals through the LIFENET System. Doctors can provide chest pain decision support, so teams in the field know exactly what kind of care the patient needs and where to take them. Physio - Control Service As the world's leading provider of defibrillation technology, Physio - Control understands our responsibility to maintain the reliability of our lifesaving defibrillator /monitors. We have over 100 field -based technical service representatives worldwide. Physio - Control is committed to service 24/7, and to returning a customer's call within two hours to quickly assess the problem and find the best solution (U.S.). If needed, a technical service representative will be on -site within 24 hours (U.S.). Packet Page -481- SPECIFICATIONS The LIFEPAK 15 monitor /defibrillator has six main operating modes: AED Mode: for automated ECG analysis and a prompted treatment protocol for patients in cardiac arrest. Manual Mode: for performing manual defibrillation, synchronized cardioversion, noninvasive pacing, and ECG and vital sign monitoring. Archive Mode: for accessing stored patient information. Setup Mode: for changing default settings of the operating functions. Service Mode: for authorized personnel to perform diagnostic tests and calibrations. Demo Mode: for simulated waveforms and trend graphs for demonstration purposes. Weight: Basic monitor /defibrillator with new roll paper and two batteries installed: 8.6 kg (18.9 lb) Fully featured monitor /defibrillator with new roll paper and two batteries installed: 9.1 kg (20.1 to) Lithium -ion battery: 0.59 kg (1.3 lb) Accessory Bags and Shoulder Strap: 1.77 kg (3.9 lb) Standard (hard) Paddles: 0.95 kg (2.1 lb) Height: 31.7 cm (12.5 in) Width: 40.1 cm (15.8 in) Depth: 23.1 cm (9.1 in) Size (active viewing area): 212 mm (8.4 in) diagonal; 171 mm (6.7 in) wide x 128 mm (5.0 in) high Resolution: display type 640 dot x 480 dot color backlit LCD User Selectable Display Mode: full color or SunVueTM display high contrast Display: a minimum of 5 seconds of ECG and alphanumerics for values, device instructions, or prompts Display: up to three waveforms Waveform Display Sweep Speed: 25 mm /sec for ECG, Sp02, IP, and 12.5 mm /sec for CO2 The device captures and stores patient data, events (including waveforms and annotations), and continuous waveform and patient impedance records in internal memory. The user can select and print reports, and transfer the stored information via supported communication methods. Report Types: - Three format types of CODE SUMMARYT" critical event record: short, medium, and long - 12 -lead ECG with STEMI statements - Continuous Waveform (transfer only) - Trend Summary - Vital Sign Summary - Snapshot Memory Capacity: Total capacity is 360 minutes of continuous ECG, 90 minutes of continuous data from all channels, or 400 single waveform events. Maximum memory capacity for a single patient includes up to 200 single waveform reports and 90 minutes of continuous ECG. The device is capable of transferring data records by wired or wireless connection. This device complies with Part 15 of the FCC rules, and its operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, 11 /12/2013 11.A. including interference that may cause undesired operation. SpMET' Serial Port RS232 communication + 12V available SpMet Saturation Range: 0 to 15.0% Limited to devices drawing maximum 0.5 A current SpMet Display Resolution: 0.1 % up to 10% Bluetooth" technology provides short-range wireless SpMet Accuracy: ±1 digit communication with other Bluetooth- enabled devices ECG ECG is monitored via several cable arrangements: A 3 -wire cable is used for 3 -lead ECG monitoring. A 5 -wire cable is used for 7 -lead ECG monitoring. A 10 -wire cable is used for 12 -lead ECG acquisition. When the chest electrodes are removed, the 10 -wire cable functions as a 4 -wire cable. Standard paddles or OUIK -COMBO pacing /defibrillation/ECG electrodes are used for paddles lead monitoring. Frequency Response: Monitor: 0.5 to 40 Hz or 1 to 30 Hz Paddles: 2.5 to 30 Hz 12 -lead ECG diagnostic: 0.05 to 150 Hz Lead Selection: Leads I, II, III, (3 -wire ECG cable) Leads I, Il, III, AVR, AVL, and AVF acquired simultaneously (4 -wire ECG cable) Leads I, Il, lll, AVR, AVL, AVF, and C lead acquired simultaneously (5 -wire ECG cable) Leads I, Il, III, AVR, AVL, AVF, V1,V2,V3,V4,V5, and V6 acquired simultaneously (10 -wire ECG cable) ECG size: 4, 3, 2.5, 2,1.5, 1, 0.5, 0.25 cm /mV (fixed at 1 cm /mV for 12 -lead) Heart Rate Display: 20-300 bpm digital display Accuracy: --4% or t3 bpm, whichever is greater ORS Detection Range Duration: 40 to 120 msec Amplitude: 0.5 to 5.0 m Common Mode Rejection (CMRR): ECG Leads: 90 dB at 50/60 Hz SpO,/SpCO/SpMet Sensors: MASIMO' sensors including RAINBOW" sensors NELLCOR" sensors when used with the MASIMO RED TM MNC adapter Sp02 Displayed Saturation Range: "<50" for levels below 50 %; 50 to 100% Saturation Accuracy: 70 -100°/ (0 -69% unspecified) Adults /Pediatrics: ±2 digits (during no motion conditions) ±3 digits (during motion conditions) Dynamic signal strength bar graph Pulse tone as Sp02 pulsations are detected SpO, Update Averaging Rate User selectable: 4, 8, 12 or 16 seconds SpO, Sensitivity User selectable: Normal, High Sp02 Measurement: Functional SpO, values are displayed and stored Pulse Rate Range: 25 to 240 bpm Pulse Rate Accuracy (Adults /Pediatrics): :t3 digits (during no motion conditions) ±5 digits (during motion conditions) Optional Sp02 waveform display with autogain control SpCO` SpCO Concentration Display Range: 0 to 40% SpCO Accuracy: :t3 digits Packet Page -484- NIBP Blood Pressure Systolic Pressure Range: 30 to 255 mmHg Diastolic Pressure Range: 15 to 220 mmHg Mean Arterial Pressure Range: 20 to 235 mmHg Units: mmHg Blood Pressure Accuracy: ±5 mmHg Blood Pressure Measurement Time: 20 seconds, typical (excluding cuff inflation time) Pulse Rate Range: 30 to 240 pulses per minute Pulse Rate Accuracy: ±2 pulses per minute or ±2 %, whichever is greater Operation Features Initial Cuff Pressure: User selectable, 80 to 180 mmHg Automatic Measurement Time Interval: User selectable Automatic Cuff Deflation Excessive Pressure: If cuff pressure exceeds 290 mmHg Excessive Time: If measurement time exceeds 120 seconds CO2 CO, Range: 0 to 99 mmHg (0 to 13.2 kPa) Units: mmHg, %, or kPa Respiration Rate Accuracy: Oto70 bpm: ±1 bpm 71 to 99 bpm: ±2 bpm Respiration Rate Range: 0 to 99 breaths /minute Rise Time: 190 msec Response Time: 3.3 seconds (includes delay time and rise time) Initialization Time: 30 seconds (typical), 10 -180 seconds Ambient Pressure: automatically compensated internally Optional Display: CO2 pressure waveform Scale factors: Autoscale, 0 -20 mmHg (0 -4 Vol %), 0 -50 mmHg (0 -7 Vol %), 0 -100 mmHg (0 -14 Vol %) Invasive Pressure Transducer Type: Strain -gauge resistive bridge Transducer Sensitivity: 5pV /V /mmHg Excitation Voltage: 5 Vdc Connector: Electro Shield: CXS 3102A 14S -6S Bandwidth: Digital filtered, DC to 30 Hz (< -3d1b) Zero Drift: 1 mmHg /hr without transducer drift Zero Adjustment: ±150 mmHg including transducer offset Numeric Accuracy: ±1 mmHg or 2% of reading, whichever is greater, plus transducer error Pressure Range: -30 to 300 mmHg, in six user selectable ranges Invasive Pressure Display Display: IP waveform and numerics Units: mmHg Labels: P1 or P2, ART, PA, CVP, ICP, LAP (user selectable) Temperature Range: 24.8o to 45.2°C(76.6 °to 113.4 °F) Resolution: 0.1 °C Accuracy: ±0.2 °C including sensor Reusable Temperature Cable: 5 foot or 10 foot Disposable Sensor Types: Surface -Skin; Esophageal /Rectal Trend ^ Time Scale: Auto, 30 minutes, 1, 2, 4, or 8 hours ) uration: Up to 8 hours ST Segment: After initial 12 -lead ECG analysis, automatically selects and trends ECG lead with the greatest ST displacement Display Choice of: HR, PR (Sp02)1 PR (NIBP), SpOZ ( %), SpCO ( %), SpMet ( %), CO, (EtCO, /FiCO,), RR (CO2) , NIBP, IPI, IP2, ST Quick Set: Activates alarms for all active vital signs VF /VT Alarm: Activates continuous (CPSS) monitoring in Manual mode Apnea Alarm: Occurs when 30 seconds has elapsed since last detected respiration Heart Rate Alarm Limit Range: Upper, 100 -250 bpm; lower, 30 -150 bpm 12 -Lead Interpretive Algorithm: University of Glasgow 12 -Lead ECG Analysis Program, includes AMI and STEMI statements Prints continuous strip of the displayed patient information and reports Paper Size: 100 mm (3.9 in) Print Speed: 25 mm /sec or 12.5 mm /sec Optional: 50 mm /sec time base for 12 -lead ECG reports Delay: 8 seconds Autoprint: Waveform events print automatically ^ Frequency Response: Diagnostic: 0.05 to 150 Hz or 0.05 to 40 Hz Monitor: 0.67 to 40 Hz or 1 to 30 Hz r r Biphasic Waveform: Biphasic Truncated Exponential The following specifications apply from 25 to 200 ohms, unless otherwise specified: Energy Accuracy: ±1 joule or 10% of setting, whichever is greater, into 50 ohms, ±2 joules or 15% of setting, whichever is greater, into 25 -175 ohms. Voltage Compensation: Active when disposable therapy electrodes are attached. Energy output within ±5% or ±1 joule, whichever is greater, of 50 ohms value, limited to the available energy which results in the delivery of 360 joules into 50 ohms. Paddle Options: QUIK- COMBO pacing /defibrillation /ECG electrodes (standard). Cable Length 8 foot long (2.4 m) QUIK -COMBO cable (not including electrode assembly). Standard paddles (optional) Manual Mode Energy Select: 2, 3, 4, 5, 6, 7, 8, 9, 10,15, 20, 30, 50,70, 100, 125, 150, 175, 200, 225, 250, 275, 300, 325, and 360 joules Charge Time: Charge time to 360 joules in less than 10 seconds, typical Synchronous Cardioversion: Energy transfer begins within 60 msec of the ORS peak Paddles Lead Off Sensing: The transition point at which device changes from assuming that QUIK -COMBO electrodes are properly connected to patient to assuming that electrodes are not connected is 300 ±50 ohms. AED Mode Shock Advisory SystemT* (SAS): an ECG analysis system that advises the operator if the algorithm detects a shockable or non - shockable ECG rhythm. SAS acquires ECG via therapy electrodes only. Shock Ready Time: Using a fully charged battery at normal room temperature, the device is ready to shock within 20 seconds if the initial rhythm finding is "SHOCK ADVISED" Biphasic Output: Energy Shock levels ranging from 150 -360 joules with same orgreater energy level for each successive shock cprMAXTm Technology: In AED mode, cprMAXTM technology provides a method of maximizing the CPR time that a patient receives, with the overall goal of improving the rate of survival of patients treated with AEDs. Setup Options: — Auto Analyze: Allows for auto analysis. Options are OFF, AFTER 1 ST SHOCK — Initial CPR: Allows the user to be prompted for CPR for a period of time prior to other activity. Options are OFF, ANALYZE FIRST, CPR FIRST — Initial CPR Time: Time interval for Initial CPR. Options are 15, 30, 45, 60, 90,120, and 180 seconds. — Pre -Shock CPR: Allows the user to be prompted for CPR while the device is charging. Options are OFF, 15, 30 seconds. — Pulse Check: Allows the user to be prompted for a pulse check at various times. Options are ALWAYS, AFTER EVERY SECOND NSA, AFTER EVERY NSA, NEVER — Stacked Shocks: Allows for CPR after 3 consecutive shocks or after a single shock. Options are OFF, ON — CPR Tiime:1 or 2 User selectable times for CPR. Options are 15, 30, 45, 60, 90,120,180 seconds and 30 minutes. Pacing Mode: Demand ornon- demand rate and currentdefaults Pacing Rate: 40 to 170 PPM Rate Accuracy: ±1.5% over entire range Output Waveform: Monophasic, truncated exponential current pulse (20 ±1.5 msec) Output Current: 0 to 200 mA Pause: Pacing pulse frequency reduced by a factor of 4 when activated Refractory Period: 180 to 280 msec (function of rate) Unit meets functional requirements during exposure to the following environments unless otherwise stated. Operating Temperature: 01 to 45 °C (32° to 1137); -20 °C ( -4 °F) for 1 hour after storage at room temperature; 60 °C (140 °F) for 1 hour after storage at room temperature Storage Temperature: -20° to 65 °C ( -4° to 149 °F) except therapy electrodes and batteries Relative Humidity, Operating: 5 to 95%, non - condensing. NIBP: 15 to 95 %, non - condensing Relative Humidity, Storage: 10 to 95 %, non - condensing Atmospheric Pressure, Operating: -382 to 4,572 m ( -1,253 to 15,000 ft). NIBP: -152 to 3,048 m ( -500 to 10,000 ft) Water Resistance, Operating: IP44 (dust and splash resistance) per IEC 529 and EN 1789 (without accessories except for 12 -lead ECG cable, hard paddles, and battery pack) Vibration: MIL - STD -81 OE Method 514.4, Propeller Aircraft - category 4 (figure 514.4 -7 spectrum a), Helicopter - category 6 (3.75 Grms), Ground Mobile - category 8 (3.14 Grms), EN 1789: Sinusoidal Sweep, 1 octave /min, 10 -150 Hz, ±0.15 mm /2 g Shock (drop): 5 drops on each side from 18 inches onto a steel surface EN 1789: 30 -inch drop onto each of 6 surfaces Shock (functional): Meets IEC 60068 -2 -27 and MIL -STD- 810E shock requirements 3 shocks per face at 40 g, 6 ms half -sine pulses Bump: 1000 bumps at 15 g with pulse duration of 6 msec Impact, Non - operating: EN 60601-10.5 + 0.05 joule impact UL 60601-16.78 Nm impact with 2 -inch diameter steel ball. Meets IEC62262 protection level IK 04. EMC: EN 60601 -1- 2:2001 Medical Equipment - General Requirements for Safety - Collateral Standard: Electromagnetic Compatibility - Requirements and Tests EN 60601 -2- 4:2003: (Clause 36) Particular Requirements forthe Safety of Cardiac Defibrillators and Cardiac Defibrillator- Monitors Packet Page -485- 11/12/2013 Cleaning: Cleaning 20 times with the following: Quaternary ammonium, isopropyl alcohol, hydrogen peroxide Chemical Resistance: 60 hour exposure to specified chemicals: Betadine (10% Povidone- Iodine solution), Coffee, Cola, Dextrose (5% Glucose solution), Electrode Gel/ Paste (98% water, 2% Carbopol 940), HCL (0.5% solution, pH =1), Isopropyl Alcohol, NaCl solution (0.9% solution), Cosmetic discoloration of the paddle well shorting bar shall be allowed following exposure to HCL (0.5% solution). Power Adapters: AC or DC Power Adapters provide operation and battery charging from external AC or DC power — Full functionality with or without batteries when connected to external AC /DC — Typical battery charge time while installed in LIFEPAK 15 device is 190 minutes — Indicators: external power indicator, battery charging indicator Dual battery: Capability with automatic switching Low battery indication and message: Low battery fuel gauge indication and low battery message in status area for each battery Replace battery indication and message: Replace battery fuel gauge indication, audio tones and replace battery message in the status area for each battery. When replace battery is indicated, device auto - switches to second battery. When both batteries reach replace battery condition, a voice prompt instructs user to replace battery. Battery Capacity For two, new fully- charged batteries, 20 °C (68 °9 Operating Mode Monitoring Pacing Defibrillation (minutes) (minutes) (360J discharges) Total Capacity Typical 360 340 420 to Shutdown Minimum 340 320 400 Capacity After Typical 21 20 30 Low Battery Minimum 12 10 6 Battery Specifications Battery Type: Lithium -ion Weight: 0.59 kg (1.3 lb) Voltage: 1 1.1V typical Capacity (rated): 5.7 amp hours Charge Time (with fully depleted battery): 4 hours and 15 minutes (typical) Battery indicators: Each battery has a fuel gauge that indicates its approximate charge. A fuel gauge that shows two or fewer LEDs after a charge cycle indicates that the battery should be replaced. Charging Temperature Range: 0° to 50 °C (321 to 1227) Operating Temperature Range: 0° to 50 °C (32° to 122 °F) Short Term ( <t week) Storage Temperature Range: -20° to 60 °C ( -4° to 140 °F) Long Term (>1 week) Storage Temperature Range: 201 to 25 °C (68° to 77 °F) Operating and Storage Humidity Range: 5 to 95% relative humidity, non - condensing 2/2013 11.A. 'All claims valid as of September 2012. For further.information please contact your local Physio- Control representative or visit our website at www.physio- control.com Physio- :Control Headquarters Physio - Control Canada Redmond, WA 98052 Physio - Control Canada Sales, Ltd. i'HYSI O www,physio- cornrol.com 7111 Syntex )nve, 3rd Floor. - ,CusromerSupport " "Mississauga, ON P. O. Box 97006 L5N 8C3 Redmond, WA 98073 Canada Toll tree 800 442 1142 Toll free 8008955896 -Fax 800426 8049. Fax 866 430 6115 1 n � � o uOnl� r r r: ul ow:r Genuine Accessories from Physio - Control Packet Page -487- 11/12/2013 11 /12/2013 11.A. LIFEPAK'15 MONITOR /DEFIBRILLATOR Packet Page -488- u for choosing Physio - Control Iartner in helping save lives and patient care. iow our reputation for quality and reliability in LIFEPAK id AEDs. When it comes to LIFEPAK accessories, we i't accept anything less. Inside this catalog you'll find ,signed to meet your needs and reliability standards. )ries and disposables in this catalog are designed ie LIFEPAK 15 monitor /defibrillator. If you have any it accessories or disposables, please contact your I representative. Packet Page -489- 11 /12/201 LIFEPAK`15 MONITOR /DEFIBRILLATOR Temperature Monitoring Temperature Adapter Cable 11140- 000079(lOft) 11140- 000078(5ft) 11 /12/2013 11.A. Esophageal - Rectal Temperature Sensor 11996- 000360 (9FR, 20 /box) Skin Temperature Sensor 11996 - 000359 (20 /00x) NIBP Monitoring Accessories NIBP Tubing 21300 - 007299 ;9ft) 21300 - 007298 (12ft) NIBP Tubing, Coiled 21300 - 007300 12 -9`t) Reusable Cuff Foley Catheter Temperature Sensor Single Patient Use Cuff 11996 - 000361 (1FR, 10 /pk) Pediatric 11996- 000362 (16FR, 10 /pk) *� 11996- 000363 (18FR, 10 /pk) 13 -20 cm 45 -44 cm NIBP Monitoring Accessories NIBP Tubing 21300 - 007299 ;9ft) 21300 - 007298 (12ft) NIBP Tubing, Coiled 21300 - 007300 12 -9`t) Reusable Cuff Single Patient Use Cuff X -Large Adult Pediatric X -Large Adult Pediatric 45 -44 cm 13 -20 cm 45 -44 cm 13 -20 cm 11160 - 000009 11160- 000003 11160- 000010 11160- 000004 Large Adult Infant Large Adult infant 32 -42 cm 8 -14 cm 32 -42 cm 8 -14 cm 11160- 000007 11160- 000001 11160- 000008 11160- 000002 Adult Adult 26 - 35 cm 11160 - 000005 26-35 cm 11160- 000006 Packet Page -490- Power Options RED[- CHARGE Base AC power cord and adapter tray not included. 11141- 000115 REDI- CHARGE LIFEPAK 15 Adapter Tray 11140- 000052 AC Power Cord 11140 - 000015 Mobile Battery Charger Includes AC and DC power cords, mounting bracket and operating instructions. 11577 - 000011 AC Power Adapter AC Power Cord Includes Right Angle Cable 11140 - 000015 (AC power cord not included) 11140- 000072 Power Attachment Kit 11577- 000019 DC Power Adapter Includes DC cable and Right Angle Cable 11140 - 000074 Packet Page -491- 11/12/2013 Lithium -ion Battery 5.7 Ah 5.7 amp hour, 11.1 volt, rechargeable, with fuel gauge. 21330- 001176 Extension Cable for AC /DC Power Adapter 11140- 000080 Replacement Right Angle Power Cable for AC /DC Power Adapter 11140- 000081 Replacement DC Input Cable 11140 - 000084 LIFEPAK'15 MONITOR /DEFIBRILLATOR ECG Monitoring Accessories 12 -Lead ECG Cable Trunk Cable with 4 -Wire Limb Leads 11111- 000018 (5ft) 11111 - 000020 (8ft) 3 -Wire ECG Cable Right -angle connector 11110- 000029 12 -Lead ECG Cable 6 -Wire Precordial Attachment 11111- 000022 5 -Wire ECG Cable Right -angle connector, 4 -wire limb plus one chest lead, labeled "71" on the LIFEPAK 15 monitor reports. 11110- 000066 LIFE - PATCH' ECG Electrodes LIFE -PATCH ECG Electrodes Adult, pregelled. Adult, pregelled. 11100- 000001 (3 /pk) 11100- 000002 (4ipk) Packet Page -492- 11/12/2013 11.A. 4 -wire Cable Comb 21300 - 008054 (10 /pki 6 -wire Cable Comb 21330 - 008055 (10 /pk) Box of Strip Chart Recorder Paper 100mm x 22m 11240- 000016 (2 rolls/box) Therapy Delivery Accessories Hard Paddles and Electrode Ge `r Standard Hard Paddles Pediatric Paddle, External 11130 - 000061 (1 pair) (Two required); slips onto standard adult hard paddle. 11133- 000007 (1 paddle) Internal Paddles (Requires Internal Paddle Handles and Internal Paddles Adapter Cable) 1 in. size 11131-000010(l pair, 6.25 in. shaft) 1.5 in. size 11131- 000011 (1 pair. 6 in. shaft) 11131- 000021 (1 pair, gin. shaft) 11131- 000024 0 pair, 14 in. shaft) 2 in. size 11131- 000012 0 pair, 5.75 in. shaft) 11131- 000022 (1 pair, 8.75 in. shaft) 2.5 in. size 11131- 000013 (1 pair. 5.5 in. shaft) 11131 - 000019 (1 pair, 8.5 in. shaft) 3.5 in. size 11131 - 000014 0 pair, 5 in. shalt) 11131- 000023 (1 pair, 8 in. shaft) Packet Page -493- 11/12/2013 i 1 SIGNAGEr Electrode Gel For use with hard paddles. Highly conductive, multi- purpose electrolyte meets all the standards of the ideal saline electrode gel. Recommended for ECG, defibrillation, biofeedback and EMG. 21300- 005847 (8.5 oz /tube) Internal Paddle Handles with Discharge Control (For use with the Internal Paddies Adapter Cable) 11131- 000001 (1 pair) Internal Paddles Adapter Cable (For use with Internal Paddle Handles) 111998 - 000326 11 /12/2013 11.A. LIFEPAK'15 MONITOR /DEFIBRILLATOR Therapy Delivery Accessories EDGE System" Electrodes for Pacing /Defibrillation /ECG with QUIK- COMBO' Connector 18 -month minimum shelf life remaining at time of shipment from Physio- Control except where noted. t �^33's t t i i t ' d EDGE System Electrodes with QUIK -COMBO Connector 24 in. leadwire length 11996- 000091 � .^ #M 4 f f � 4 Pediatric EDGE System RTS Electrodes with QUIK -COMBO Connector For use only with manual monitor /defibrillators; 12 month minimum shelf life at time of shipment 24 in. leadwire length. 11996- 000093 EDGE System RTS (Radiotransparent) Electrodes with QUIK -COMBO Connector 24 in. leadwire length 11996 - 000090 QUIK -COMBO Therapy Cable With convenient TRUE- LOCKTM Cable Connector. Length is approximately 8 ft. For use with LIFEPAK 15 monitor /defibrillator. 11113- 000004 Packet Page -494- EDGE System Electrodes with QUIK -COMBO Connector and REDI -PAK- Preconnect System 42 in. leadwire length 11996- 000017 Pulse Oximetry Monitoring Accessories Masimo SET® RC Patient Cables RC Patient Cable For use with M- I..NCS and Rainbow Patient Sensors 11171 - 000037 (oft) 11171 - 000038 (12tq Masimo SET RC Patient Cable Compatible Sp02 Sensors -=- - �. }.r i Y M -LNCS Reusable Sensor M -LNCS Adhesive Sensors (20 /box) 11171 - 000046 (Ad) 11171- 000039 (Ad) 11171- 000047(Ped) 11171- 000040(Ped) 11/12/2013 uMASIi�oSEi' baw M -LNCS Adhesive Sensors (20 /box) 11171- 000043 (Neo /Pt) 11171-000042 (Neo/Ad) 11171- 00004A (Inf) Masimo SET RC Patient Cable Compatible Rainbow Sp02, SpCO, SpMet Sensors s / Rainbow Reusable Sensor 11171 - 000049 (Ad) 11171 - 000050 (Pell) Rainbow Adhesive Sensor (10 /box) 11996 - 000342 (Inf) 11996- 000341 (Neo /Ad) Packet Page -495- Rainbow Adhesive Sensor (10 /box) 11996- 000339 (Ad) 11996- 000340 Ted) LIFEPAK`15 MONITOR /DEFIBRILLATOR Pulse Oximetry Monitoring Accessories Masimo SET LNC Patient Cables Red LNC Patient Cable For Use with LNCS Patient Sensors 11996- 000323 (4ft) 11996- 000324 (1 Oft) 11996- 000325 04tt) Masimo SET LNC Patient Cable Compatible Sp02 Sensors N LNCS" Reusable Sensor 11171 - 000017 (Ad;) 11171 - 000018 (Ped) LNCS Adhesive Sensor (20 /box) 11171 - 000019 (Ad) 11171 - 000020 (Ped) LNCS Reusable Soft Sensor 11171 - 000052 (Ad) LNCS Adhesive Sensor (20 /box) 11171- 000029 (Neo /Pt) 11171 - 000028 (Neo /Ad) 11171 - 000031 (Inf) Packet Page -496- 11 /12/2013 11.A. Pulse Oximetry Monitoring Accessories LIFEPAK 15 Direct Connect Sp02 Only Patient Sensors i 11/12/2013 Adult Reusable Direct Connect Sensor Pediatric Reusable Direct Connect Sensor Adult Reusable Soft Direct Connect Sensor 11996- 000331 (3ft) 11996- 000333 (3ft) 11171- 000053 (8ft) 11996 - 000332 (12ft) 11996- 000334 (12ft) LIFEPAK 15 Direct Connect Rainbow Sp02, SPCO, SpMet Patient Sensors Adult Rainbow Direct Connect Reusable Sensor 11996- 000335(3ft) 11171 - 000032 (8ft) 11996- 000336(12ft) Additional Masimo Accessories Pediatric Rainbow Direct Connect Reusable Sensor 11996 - 000337 (3ft) 11171- 000033(8ft) 11996- 000338(12ft) Red MNC Cable Connects LIFEPAK 15 to Nellcor patient sensor 11996- 000365 (4tt) 11996 - 000366 10ft) Reusable Ambient Light Shield 11171- 000054 (5!1)ti91 Packet Page -497- Disposable Ambient Light Shield 11171 - 000055 (10/bag) LIFEPAK615 MONITOR /DEFIBRILLATOR Pulse Oximetry Monitoring Accessories Nellcor Reusable Sensors and Cables DURASENISOR Reusable Clip 11996- 000060 (Adult - Ref# DS100A) DURA -Y Multisite Reusable Sensor 11996- 000106 (z 1 kg - Ref# D -YS) Nellcor Disposable Sensors Single patient use Oxisensor II (24 /box) Adult 11996- 000113( 18 in. - Ref# D25) 11996 - 000114 (36 in. - Ref# D25L) Pediatric 11996 - 000116 (18 in.- Ref# D20) Oxisensor II (24 /box) Infant 11996- 000115 (18 in. - Ref# 120) Neonatal /Adult 11996- 000117 (18 in. - Ref# N25) Packet Page -498- 11 /12/2013 11.A. Oxiband Reusable Sensor Includes 50 disposable adhesive sensors 11996 - 000061 (Ad /Neo - Ref# OXI A /N) 11996- 000062 (Ped /Inf - Ref# OXl P/1) Disposable Adhesive Bandage Wrap Not Available in Canada. (100 /pk) 11996- 000048 (Ad /Neo - Ref# ADH A /N) 11996- 000049 (Ped /Inf - Ref# ADH P /1) Disposable Adhesive Foam Wrap Not Available in Canada. (100 /pk) 11996- 000110 (Ad /Neo - Ref# FOAM A /N) 11996 - 000108 (Ped /Inf - Ref# FOAM P /1) / \ End -Tidal CO2 (EtCO) Monitoring Accessories OridiW Filterlines for Intubated Patients Single patient use FilterLine° SET Key Applications: OR, EMS, ED, Rapid Response Teams, Transport, Adult /Pediatric 11996 - 000081 (25 /pk, 200 cm) 11996- 000164 (25 /pk, 400 cm) Oridion Non - Intubated Filterlines Single patient use FilterLine H SET Key Applications: Cdtcal care, Humidified Environments. Adult/Pediatric 11996- 000080 (25 /pk, 200 cm) Adult /Neonatal 11996 - 000001 (25 /pk. 200 cm) Smart CapnoLine' Pius Key Applications: Procedural Sedation, Upper GI Procedures, MAC, RMS, BD, Rapid Response Teams. Adult with 0- 11996- 000163 (25 /pk, 200 cm) 11996- 000167 (100 /pk, 200 cm) 11996- 000165 (25 /pk, 400 cm) Adult without OZ 11996- 000162 (25 /pk, 200 cm) 11996- 000166 (100 1pk, 200 cm) Smart CapnoLine Key Applications: Procedural Sedation, SMS, SD, Rapid Response Teams. Pediatric with OZ 11996- 000128 (25 /pk, 200 cm) Pediatric without Oz 11996- 000120 (25 /pk, 200 cm) Packet Page -499- 11/12/2013 LIFEPAK`15 MONITOR /DEFIBRILLATOR Cases & Mounting Options Standard Carrying Case Includes right pouch and left pouch, for use with LIFEPAK 15 monitor /defibrillator. 11577- 000002 Top Pouch Storage for sensors and electrodes; insert in place of standard paddles. 11220- 000028 Communication Accessories Shoulder Strap For use with LIFEPAK 15 monitor /defibrillator. 11577- 000001 Back Pouch Ideal for additional accessory storage. For use with LIFEPAK 15 monitor /defibrillator. 11260- 000039 LIFEPAK Monitor to PC Cable For connecting LIFEPAK 12 or LIFEPAK 15 monitor /defibrillator to PC. 11230- 000020 (Serial) 11996- 000369(USB) Titan II Wireless Gateway For transmitting data from LIFEPAK 12/15 to the LIFENET System or CODE -STAT data review software. Requires existing wireless network. 21996 - 000073 21996- 000075 rwtth voice recording) Packet Page -500- 11 /12/2013 11.A. Bed Connector For use in hospital only. 11996 - 000374 3G Gateway For transmitting data from LIFEPAK 12/15 to the LIFENET System or CODE -STAT data review software. Requires data plan. 21996- 000086 (Verizon Gateway) 99428- 000305 (Verizon Data Plan) 21996 - 000082 (AT &T Gateway) 99428- 000304 (AT &T Data Plan) 1 1 \ Testers & Training Materials r 1. m is w ':L Defibrillator Checker Tests integrity of energy delivery through standard hard paddles. Neon light indicates energy has been delivered. 11998- 000060 Training Tools Clip -on Training Electrodes For use with OUIK -COMBO patient simulators. Allows users to practice defibrillation electrode placement. Includes instructions for use and reusable training electrodes. 11250 - 000052 (5 /pair) Replacement Training Electrodes Reusable training electrodes. Adhesive electrode portion only. 11101- 000003 (5 /oair) 11 /12/2013 11.A. 12 -Lead Patient Simulator (OUIK- COMBO) Connects directly to your LIFEPAK defibrillator for safe simulation of cardioversion and electrical capture. Generates fibrillation, tachycardias, and bradycardias, as well as ST segment and T wave abnormalities. For use with LIFEPAK devices with a 12 -lead ECG feature. 11996 - 000311 3 -Lead Patient Simulator (OUIK- COMBO) Connects directly to your LIFEPAK defibrillator for safe, interactive training. Select from 17 ECG rhythms including: fibrillation, tachycardias and bradycardias. 11996- 000310 TEST .LOAD :..f 14 Test Load Use to perform therapy cable performance checks. Connects to the OUIK -COMBO therapy cable on the defibrillator. 21330 - 001365 (English only) 21330 - 001367 (English, French for Canada) LF8AK15. ,...,m. oun Inservice Video: LIFEPAK 15 Monitor /Defibrillator 21330 - 001357 (DVD - NTSC version) Operating Instructions: LIFEPAK 15 Monitor /Defibrillator Also available as free online download at www.physio- control.com 26500 - 002408 Packet Page -501- UNIVERSITY Physio - Control University 12 -Leads Made Easy 44500 - 000001 Capno Made Easy 44500- 000003 01 •I For further information; please contact Physio- Control at 800.442,1142 (U.S.), 800.895.5896 (Canada) or visit our wabsite at www.physio- control.com. - Physio == .Control Mead quarters Physio - Control Canada 11811 Willows Road NE Physio - Control Canada Sales, Ltd. PFIYS�U Redmond, -WA 98052 7111 Syntex Drive, 3rd Floo! www.physio- control . com - Mississauga, ON Customer Support L6N'8C3 P. 0. .Box 97006 Canada Retlmond, WA 98073 7otl free 800.895 5896 moll free' 800 442 1142 Fax 866 430 6115 Fax 800 A26 8049 • PHYSIO CONTROL Our service lives u p to yours Packet Paae -504- 11 /12/2013 11.A. I 77 a. /*—N 11 /12/2013 11.A. You are committed to helping your community. We are committed to helping you. At Physio - Control, we understand how important our equipment is to your profession. It's critical that each device works how and when you need it— especially when you consider the fast -paced and potentially harsh environments of EMS. No matter what type of device you have, you need industry- leading service that can help ensure your equipment is functioning properly. With a service plan from Physio- Control, you get a dedicated, experienced representative who works with you to ensure your devices are always ready. From preventative maintenance that minimizes risk to on -site repairs that eliminate hassles, you'll have the peace of mind to do your job with confidence. Because when lives are at stake, you need more than just great devices. You need exceptional service. "For someone to come in before we have a problem —or before we know we have a problem —and check things out on an annual basis, gives us a degree of insurance, if you will, that our monitors... are really working." — Judy Murphy, EMS Administrator, Central Pierce Fire and Rescue Packet PaRe -505- 11/12/2013 11.A. The Physio - Control difference. Imagine having a dedicated equipment manager working as part of your team. Someone who understands the intricacies of EMS. Someone who anticipates your needs and makes responding a priority. That's what you get with a service plan from Physio - Control. You'll find that other manufacturers can't match our level of service and experience. Our team is highly - trained and boasts the longest tenure in the industry —an average of 14 years. Each service representative spends approximately 1.500 hours in the field each year, giving them the ability to quickly identify and repair potential failures before they become problems. Packet Paee -506- Whether you need service on a defibrillator in the middle of the night or simply want help updating your software, your dedicat- ed, local representative will always strive to respond by phone within two hours and complete your service request within 24 hours. After all, we understand that EMS operates 24;7. That's why you need a partner who does, too. 111\ 11 /12/2013 11.A. Benefits of a service plan. Fixed Costs A service plan allows annual costs to be fixed for budgetary purposes, and eliminates unpredictable service costs. Signing up at the time of purchase can lock in a lower renewal rate for the future. Productivity On -site service helps maximize uptime and minimize risk through proper equipment maintenance. Plus, there's no commitment of your resources, including personnel, test equipment or training. Documentation Hard copy documentation of quality assurance inspection(s) and repairs are provided to indicate your product(s) meet factory specifications. Savings & Discounts Customers with a service plan save money per device each year. Discounts on Upgrades and Disposables help you save money and allow one -stop shopping for cardiac accessory needs. 90% of our customers renew their current service plans each year. Packet Paae -507- Coverage Inclusions: O T Y Qo w LL 0 J :E _o T C O Y� Q O a� w LL J O O O O T Q o a� L J n E 0 E Q U 3 � m _ cn c 0 N O _ Q 0 E Q U 3 � C O U N Q C � N C � C U C U V C N > > > n cn O N o cn Q p U) U c m O i C aa) U �' ca 0 [6 - _� (6 f6 N L Q CL CU a CL O ¢ 0 ¢ (n ac m U) 1 ( 1 Coverage Descriptions Onsite Service Highly- trained and authorized representatives with detailed technical knowledge and diagnostic capabilities quickly identify problems and provide maintenance onsite. Where possible, repairs are made at your facility, with original manufacturer parts, for maximum uptime and minimal demand on your equipment and personnel. Repair and Inspect Includes inspections at regularly scheduled intervals. Unplanned service calls are also covered and include all parts, labor and travel. Software updates and battery replacements are available as needed or at scheduled intervals depending on battery type. Quality Assurance Inspection Identify potential failures before they become issues and minimize the risk of equipment not working properly with a customized number of quality assurance inspec- tions per year. Results of quality assurance inspections are documented and supplied upon request as evidence of specification compliance. Repair Only Protects you from the expense of unplanned service calls post - warranty. Parts, labor and travel are included at a set cost throughout the coverage period. Software updates and battery replacements are available as needed or at scheduled intervals depending on battery type. Ship -in Service For customers located at least 50 miles from a Field Technical Service Representative, ship -in service is available. Your device can be shipped to the nearest Service Center for repairs and inspections. We use only manufacturer parts and pay return shipping. Replacement Loaners If your device needs to be repaired off -site, you'll be provided with a loaner device at no charge. 11/12/2013 11.A. Battery Coverage Batteries are replaced on a scheduled lifecycle with new batteries that are subject to original manufacturer's warranty. Software Updates To ensure your software is working properly, regular updates are scheduled throughout the lifetime of your product. Telephone Support For questions about your product or for support needs, an experienced Physio- Control representative is available by phone. Additional Discounts Save money while protecting your investments by taking advantage of discounts on upgrades and disposables. Additional Coverage LIFENET® Asset With LIFENET Asset, you have access to a quick over- view of your assets such as inspection status and device state, as well as an overall breakdown by asset. This service automatically downloads device details including: • Manufacturing configuration settings • Last and upcoming service dates • Warranty and contract information Service calls can also be initiated directly from the website, making it easy to keep your operations running smoothly. Packet PaRe -509- For further, information, please contact a sales or service representative at 600.442.1142 or visit our website atwww .physio- control.com. Physio- Control Headquarters "1811 Willows Road NE (� PHYS'L Redmond,VJA98052 CONTROL. vww.physio- control.com customer Support P. 0. Box 97006 Redmond, WA-98073 Tall Froo 800 442 1142 =Fax 800 426'8049 11 /12/2013 11.A. About Physio - Control About Physio - Control The pioneer in portable defibrillation and monitoring technology, Physio- Control continues to define the standard for cardiac emergency care equipment, solutions and services. Physio - Control is the world leader in developing, manufacturing, selling and servicing emergency care products. The company pioneered defibrillation technology over 55 years ago and continues to design and develop advanced emergency medical devices for in- hospital and out -of- hospital use. The company's LIFEPAK® defibrillators have been carried to the top of Mount Everest and launched into orbit on the International Space Station. More than 800,000 units are in use today on fire and rescue rigs, ambulances, hospital crash carts, and in thousands of public access locations worldwide. Physio - Control employs over 1000 Team Members worldwide. Approximately 700 of these team members are based in Redmond, Wash., the company headquarters. Learn more about Physio - Control at www.physio- control.com Packet Page -511- 11 /12/2013 11.A. About Physio - Control Vision and Mission Physio - Control has been involved in emergency medical care for more than 55 years and leads the industry in developing products that monitor or treat patients in emergency medical situations. Physio - Control develops technologies and designs devices according to the unique needs of our customers and our goal is to provide complete solutions for card iorespiratory emergencies. Everything is designed for customers, to work with them — whether it is accessories, disposables, flexible energy dosing, or data management solutions that help them capture patient data and learn from it to improve patient care. Physio - Control approaches product development with the values our customers expect front and center: quality, innovation, durability and reliability. We hold ourselves to rigorous quality and innovation standards, and firmly believe that good enough is never good enough when you are talking about devices used on a daily basis in a variety of emergency care environments. At Physio - Control, we are always innovating our product and clinical technologies and looking for ways to improve our processes — because our customers and their patients depend on it. VISION: A world in which no person dies suddenly as a result of a cardiorespiratory event. MISSION: We provide lifesaving tools for lifesaving teams. Learn more about Physio- Control at www.physio- control.com Packet Page -512- 11/12/2013 11.A. About Physio - Control Building on a Proud Legacy of Firsts Dr. Karl William Edmark, a cardiovascular surgeon determined to reduce the number of sudden deaths during cardiac surgery, founded Physio - Control Corporation in 1955. His research showed that a very brief electrical current could correct an abnormal heart rhythm, and led to the development of the first commercial defibrillator. This discovery enabled Physio - Control to dramatically change the face of emergency medical care. 1968 The first LIFEPAK defibrillator, the LIFEPAK 33 defibrillator/ cardioscope, included a built -in battery for mobile use to meet the needs of the fledgling paramedic market. A "90 day wonder," the 33 was designed, fabricated, assembled and tested in just three months. It won wide acclaim for being the first truly portable defibrillator /cardioscope. 1972 Physio - Control introduced the LIFEPAK 2 defibrillator/ monitor, designed for use in hospitals as well as the nation's new emergency vehicle program. It was the first portable defibrillator to allow transmission of the patient's ECG (electrocardiogram) signals by telephone. 1976 The LIFEPAK 5 defibrillator /monitor, smaller and lighter than earlier competition by 45 percent, was introduced. The 5 weighed only 19 lbs. and soon became the standard for prehospital use worldwide. Designed for use by paramedics and emergency field personnel, a modified LIFEPAK 5 unit accompanied the 65- member American Medical Expedition to Mt. Everest in 1981 and the China - Everest Expedition in 1982. 1989 Physio - Control launched the LIFEPAK 10 defibrillator/ monitor /pacemaker. Specifically designed to meet stringent size, weight and durability requirements for the paramedic and the hospital transport markets, the 10 was the first portable defibrillator /monitor with an integral external pacemaker. This evolution of the LIFEPAK 5 defibrillator also added extra battery capacity and CODE SUMMARYTM critical event record documentation for collecting patient information. 1991 The LIFEPAK 9P defibrillator /monitor /pacemaker was equipped with a Shock Advisory Adaptor that converted the product to a hospital automated external defibrillator (AED). 1995 We introduced the LIFEPAK 11 monitor /defibrillator, which helped define the standard in prehospital 12 -lead ECG management by obtaining an electrocardiogram (ECG) representation of the heart's electrical activity recorded from electrodes on the patient's body and providing a diagnostic tool in the prehospital setting. Packet Page -513- 11/12/2013 11.A. About Physio - Control 1998 The LIFEPAK 12 defibrillator /monitor series revolutionized acute cardiac care with expanded diagnostic and monitoring capability. The 12 packs multi - parameter, therapeutic and diagnostic functions into a single device designed for both prehospital and hospital users. The innovative platform design provides full- featured, escalating energy up to 360 joules and industry standard monitoring including SPO21 EtCOZ, 12 -lead ECG, NIBP and invasive pressures. 1999 The LIFENET® System became the first data management solution to merge 12 -lead ECG information across a tiered platform from the field (EMS) to the hospital emergency room or medical personnel's handheld devices. 2002 The LIFEPAK CR® Plus automated external defibrillator (AED) launched as the first fully automatic AED (does not require the responder to push the shock button) in the marketplace. The LIFEPAK 20 defibrillator /monitor was released in the hospital marketplace. Compact and lightweight, the 20 combines AED functionality with manual capability. 2006 The LIFEPAK 1000 defibrillator was introduced as the newest AED in the market designed for professional responders. It is small, lightweight and sturdy, with a durability rating of IP55. In 2008 NASA evaluated 18 AEDs in the marketplace and selected the LIFEPAK 1000 defibrillator to protect astronauts aboard the International Space Station. 2007 LUCAS ®1 chest compression system is introduced to U.S. market. Built by Jolife in Sweden and distributed worldwide by Physio - Control. 2008 Building on the design of its predecessor, the LIFEPAK 20e defibrillator /monitor was introduced for a range of hospital settings. It skillfully combines AED functionality with manual capability so that clinicians trained in advanced cardiac life support (ACLS) can quickly and easily deliver advanced diagnostic and therapeutic care. Clinically advanced and packed with power, the 20e uses Lithium -ion battery technology that provides extended operating time for transporting patients from one area of the hospital to another and includes ADAPTIVTm biphasic technology up to 360 joules. Physio - Control released the LIFENET System as the first web -based STEMI (ST- segment Elevated Myocardial Infarction) management solution. The LIFENET System enables seamless, secure and flexible flow of 12 -lead ECG data from prehospital to hospital to quickly identify STEM patients. It also helps improve door -to- balloon time and reduce false - positive cath lab activations. 2009 Physio - Control launched the LIFEPAK 15 monitor /defibrillator —the new standard in emergency care for ALS teams who want the most clinically innovative, operationally innovative and LIFEPAK TOUGHTm device available today. Packet Page -514- 11 /12/2013 11.A. About Physio - Control 2009 LUCAS® 2 chest compression system introduced. All -new battery powered version designed to provide effective, consistent and uninterrupted compressions. 2010 LIFENEr System 4.1 introduced with first to market feature allowing integration of data from multiple vendors' 12 -lead management systems. LIFENEr System 5.0 is introduced providing EMS and hospital care teams with reliable, quick access to clinical information through a secure, web -based platform, helping to improve patient care flow and operational efficiency. CODE -STAT 9.0 data review software is a retrospective analysis tool that provides easy access to data, reports and post -event review. Learn more about Physio - Control at www.physio - control.com 2011 ReadyLinkTM 12 -lead ECG is introduced. Handheld, portable, and easy -to -use, the revolutionary ReadyLink 12 -Lead ECG quickly and easily captures and transmits 12 -lead data to hospitals through the LIFENET11 System. Doctors can provide chest pain decision support, so teams in the field know exactly what kind of care the patient needs and where to take them. An enhanced version of the LIFEPAK ®15 monitor /defibrillator is introduced adding continuous temperature monitoring and external AC power capability. Physio - Control partners with Benechill to market the RhinoChill® intranasal cooling system in Europe. RhinoChill is first to allow emergency responders to initiate brain cooling early, even before the return of spontaneous circulation. 2012 Physio - Control is acquired by Bain Capital. Packet Page -515- 11/12/2013 11.A. OP7er COUyt Email: adamnorthrup@colliergov.net y Telephone: (239) 252 -6098 Administrative Sermoes Division FAX: (239) 252 -6302 Purchasing ADDENDUM #1 Memorandum Date: 08/14/2013 From: Adam Northrup, Procurement Strategist To: Interested Bidders Subject: Addendum #1 13 -6142 — EKG Monitors The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: • Options that .were requested in the solicitation document were not listed on the bid tabulation. Please provide pricing for the following accessories. Line # Description Quantity Discounted Price Subtotal: 28 Lithium Ion Battery 4-00 150 $309.00 $46,350.00 29 Charging Station 50 1$11188.75 $59,437.5 30 ADDENDA TOTAL $105,787.5 • Any options requested in the solicitation that are not included with the EKG base system, and are not listed on the bid schedule, should be quoted on an additional sheet marked "requested options." • Due to this addendum, the due date for this solicitation has been extended till Monday August 19th, 2013 at 3:OOPM If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. Please sign below and return a solicitation. n x i (Signature) Physio- Control, Inc. (Name of Firm) of this Addendum with your submittal for the above referenced Packet Page -516- IN I Date 13-6142 EKG Monitors 1 11 /12/2013 11.A. Physio - Control, Inc. I Lifesaving starts here:- ADDRESS October 18, 2013 }851 wiiiows Ruau Ne Reorgonc Wr% 98052 Adam Northrup PHONE Purchasing Department REMFRat 125 Bu 4aoo Collier County ,OLL. FREE 3327 Tamiami Trail East GUG 442 42 Naples, FL 34112 -4901 www.physio- contral.com Re: Bid #13 -6142 EKG Monitors 1 Dear Mr. Northrup, Collier County has been approved for Net 45 payment terms and to waive the �-. 15% restocking fee that in Physio - Control's Returned Product Policy for Collier County's Bid #13 -6142. In addition, the delivery clause in the above mentioned bid is modified to read: E. Delivery is forty -five (45) days after receipt of order, subject to product availability. If you have any additional questions, please do not hesitate to contact Elizabeth Frazier, Associate Contract Analyst, at 425- 867 -4274. Thank you, A-�4- `0 — Kate Rorie Pricing & Contracts Manager Physio - Control, Inc. 11811 Willows Road NE Redmond, WA 98052 -2003 Rs.r)hysiocontracts-south@I?hysio-control.com Packet Page -517- N O' 0 F Z CO G Q r s IL O Z W H 11 /12/2013 11.A. 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PHILIPS Philips Healthcare August 1, 2013 Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd. Dublin, OH 43016 Attn: Mr. Jeff Plumb Dear Mr. Plumb, The purpose of this letter is to provide information to you to include in your bid response for monitor /defibrillators for Collier County, Florida. This information should be used for this sole purpose. Philips has a proven track record of listening to our customers and investing in technology solutions. The primary focus of our solutions is to enhance workflow and patient care in your work environment. To this end, we are currently working on a project to add carboxyhemoglobin and methemoglobin monitoring functionality as a configurable option on the HeartStart MRx. We intend to have this option available in early 2014. Please note that this technology is subject to U.S. FDA medical device regulations, and, therefore, will not be offered for sale until after all pre- market requirements have been met. Because we are currently in the development stage of this technology, pricing is not yet available. Philips can communicate, for budgetary purposes, -that we intend the cost to be comparable with similar integrated CO monitoring technologies currently available in the market. We appreciate the opportunity to work with you on this opportunity. Sincerely, Denise Friedman Senior Vice President, Sales Patient Care & Clinical Informatics Philips Healthcare North America Packet Page -520- 11 /12/2013 11.A. DOCUMENT CHECKLIST PLEASE EXECUTE TWO (2) ORIGINALS OF ALL DOCUMENTS RETURN ALL ORIGINALS TO: U.S. BANCORP GOVERNMENT LEASING AND FINANCE, INC. FRANCINE NEVILLE 95017 TH STREET, 7T" FLOOR DENVER, CO 80202 303 - 585 -4077 Master Tax - Exempt Lease Purchase Agreement — This document must be executed in the presence of a witness /attestor. The attesting witness does not have to be a notary, just present at the time of execution. D Addendum /Amendment to Master Tax- Exempt Lease Purchase Agreement — This document must be executed in the presence of a witness /attestor. The attesting witness does not have to be a notary, just present at the time of execution. Property Schedule No. 1 - This document must be executed in the presence of a witness /attestor. The attesting witness does not have to be a notary, just present at the time of execution. Property Description and Payment Schedule — Exhibit 1 D Lessee's Counsel's Opinion — Exhibit 2. This exhibit will need to be executed by your attorney, dated and placed on their letterhead. Your attorney will likely want to review the agreement prior to executing this opinion. Lessee's Certificate — Exhibit 3. 1) Please fill in the person's title who will be executing the certificate in the first paragraph (note: the person who signs this exhibit cannot be the same person as the executing official(s) for all other documents); 2) Please fill in the date that the governing body met in Line 1; 3) In the middle set of boxes, please print the name of the executing official(s) in the far left box, print their title(s) in the middle box and have the executing official(s) sign the line in the far right hand box; 4) Include in your return package a copy of the n board minutes or resolution for our files; and 5) The exhibit should be executed by someone other than the executing official(s) named in the center box. Payment of Proceeds Instructions — Exhibit 4. This is for the vendor payment information. If more than one vendor is being paid please make copies of this exhibit and fill out as many as are needed. Acceptance Certificate — Exhibit 5. The date that all equipment is delivered, installed and accepted is the date that should be placed on the "DATE" line. If moneys are being deposited into escrow this exhibit should be held and returned with the final disbursement from the escrow account. Bank Qualification and Arbitrage Rebate — Exhibit 6. y Insurance Authorization and Verification — To be filled out by the Lessee and sent to your insurance carrier. A valid insurance certificate, or self - insurance letter if the Lessee self - insures, is required prior to funding. Notification of Tax Treatment — Please provide your State of Sales /Use tax Exemption Certificate. Form 8038 -G — Blank form provided to Lessee. Please consult your local legal/bond counsel to fill out. Escrow Agreement — This document needs to be executed by the Executing Official defined in the Lessee's Certificate — Exhibit 3. • Investment Direction Letter — Exhibit 1. This document needs to be executed by the Executing Official. • Schedule of Fees — Exhibit 2. • Requisition Request — Exhibit 3. This document should be retained by Lessee and utilized to request disbursements from the escrow account. Please make copies and fill out as many as are needed. • Acceptance Certificate - Exhibit 4. This document should be retained by Lessee and provided to Lessor once all the proceeds have been disbursed from the escrow account n o Class Action Negative Consent Letter — Exhibit 6. • IRS Form W -9. This document should be retained by Lessee and submitted with the Requisition Request(s) for each vendor being paid. Please make copies and fill out as many as are needed. Y First Payment Invoice —First Payment is required in order to fund Packet Page -521- Master Tax - Exempt Lease /Purchase Agreement Between: U.S. Bancorp Government Leasing and Finance, Inc. (the "Lessor ") 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 And: Collier County (the "Lessee ") 3299 Tamiami Trail Naples, FL 34112 Telephone: 239 - 252 -3756 Dated: November 30, 2013 ARTICLE I DEFINITIONS 11 /12/2013 11.A. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement" means this Master Tax - Exempt Lease/Purchase Agreement, including all exhibits and schedules attached hereto. "Code" is defined in Section 3.01(f). "Commencement Date" is the date when the term of a Property Schedule and Lessee's obligation to pay rent thereunder commences, which date shall be set forth in such Property Schedule. "Event of Default" is defined in Section 13.01. "Lease Payments" means the Lease Payments payable by Lessee under Article VI of this Agreement and each Property Schedule, as set forth in each Property Schedule. "Lease Payment Dates" means the Lease Payment dates for the Lease Payments as set forth in each Property Schedule. "Lease Tern" means, with respect to a Property Schedule, the Original Term and all Renewal Terms. The Lease Term for each Property Schedule executed hereunder shall be set forth in such Property Schedule, as provided in Section 4.02. "Lessee" means the entity identified as such in the first paragraph hereof, and its permitted successors and assigns. "Lessor' means the entity identified as such in the first paragraph hereof, and its successors and assigns, "Nonappropriation Event" is defined in Section 6.06. "Original Term" means, with respect to a Property Schedule, the period from the Commencement Date until the end of the budget year of Lessee in effect at the Commencement Date. "Property" means, collectively, the property lease /purchased pursuant to this Agreement, and with respect to each Property Schedule, the property described in such Property Schedule, and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section B.01 or Article IX. "Property Schedule" means a Property Schedule in the form attached hereto for Property Schedule 1. Subsequent Property Schedules pursuant to this Agreement shall be numbered consecutively, beginning with Property Schedule 2. "Purchase Price" means the amount that Lessee may, in its discretion, pay to Lessor to purchase the Property under a Property Schedule, as provided in Section 11.01 and as set forth in the Property Schedule. "Renewal Terms" means the renewal terms of a Property Schedule, each having a duration of one year and a term coextensive with Lessee's budget year. "State" means the state where Lessee is located. "Vendor' means the manufacturer or contractor of the Property as well as the agents or dealers of the manufacturer or contractor from whom Lessor or Lessee purchased or is,purchasing all or any portion of the Property. ARTICLE II 2.01 Property Schedules Sebarate Financings. Each Property Schedule executed and delivered under this Agreement shall be a separate financing, distinct from other Property Schedules. Without limiting the foregoing, upon the occurrence of an Event of Default or a Nonappropristion Event with respect to a Property Schedule, Lessor shall have the rights and remedies specified herein with respect to the Property financed and the Lease Payments payable under such Property Schedule, and except as expressly provided in Section 12.02 below, Lessor shall have no rights or remedies with respect to Property financed or Lease Payments payable under any other Property Schedules unless an Event of Default or Nonappropriation Event has also occurred under such other Property Schedules. ARTICLE III 3.01 Covenants of Lessee. As of the Commencement Date for each Property Schedule executed and delivered hereunder, Lessee shall be deemed to represent, covenant and warrant for the benefit of Lessor as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority to enter into this Agreement and the Property Schedule and the transactions contemplated thereby and to perform all of its obligations thereunder. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. To the extent Lessee should merge with another entity under the laws of the State, Lessee agrees that as a condition to such merger it will require that the remaining or resulting entity shall be assigned Lessee's rights and shall assume Lessee's obligations hereunder. (c) Lessee has been duly authorized to execute and deliver this Agreement and the Property Schedule by proper action by its governing body, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and the Property Schedule, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the Packet Page -522- 0 11 /12/2013 11.A. Property Schedule and the acquisition by Lessee of the Property thereunder. On or before the Commencement Date for the Property Schedule, Lessee shall cause to be delivered an opinion of counsel in substantially the form attached to the form of the Property Schedule as Exhibit 2. �\ (d) During the Lease Term for the Property Schedule, the Property thereunder will perform and will be used by Lessee only for the purpose of performing essential governmental uses and public functions within the permissible scope of Lessee's authority. (e) Lessee will provide Lessor with current financial statements, budgets and proof of appropriation for the ensuing budget year and other financial information relating to the ability of Lessee to continue this Agreement and the Property Schedule in such forth and containing such information as may be requested by Lessor. (f) Lessee will comply with all applicable provisions of the internal Revenue Code of 1986, as amended (the "Code', including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed or in effect, in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Lease Payments under the Property Schedule and will not use or permit the use of the Property in such a manner as to cause a Property Schedule to be a "private activity bond" under Section 141(a) of the Code. Lessee covenants and agrees that it will use the proceeds of the Property Schedule as soon as practicable and with all reasonable dispatch for the purpose for which the Property Schedule has been entered into, and that no part of the proceeds of the Property Schedule shall be invested in any securities, obligations or other investments except for the temporary period pending such use nor used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of issuance of the Agreement, would have caused any portion of the Property Schedule to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect at the time of such use and applicable to obligations issued on the date of issuance of the Property Scheddle. (g) The execution, delivery and performance of this Agreement and the Property Schedule and compliance with the provisions hereof and thereof by Lessee does not conflict with or result in a violation or breach or constitute a default under, any resolution, bond, agreement, indenture, mortgage, note, lease or other instrument to which Lessee is a party or by which it is bound by any law or any rule, regulation, order or decree of any court, governmental agency or body having jurisdiction over Lessee or any of its activities or properties resulting in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any property or assets of Lessee or to which it is subject (h) Lessee's exact legal name is as set forth on the first page of this Agreement Lessee will not change its legal name in any respect without giving thirty (30) days prior notice to Lessor. ARTICLE IV 4.01 Lease of Property. On the Commencement Date of each Property Schedule executed hereunder, Lessor will be deemed to demise, lease and let to Lessee, and Lessee will be deemed to rent, lease and hire from Lessor, the Property described in such Property Schedule, in accordance with this Agreement and such Property Schedule, for the Lease Term set forth in such Property Schedule. 4.02 Lease Term. The term of each Property Schedule shall commence on the Commencement Date set forth therein and shall terminate upon payment of the final Lease Payment set forth in such Property Schedule and the exercise of the Purchase Option described in Section 11.01, unless terminated sooner pursuant to this Agreement or the Property Schedule. 4.03 Delivery, Installation and Acceptance of Property. Lessee shall order the Property, shall cause the Property to be delivered and installed at the locations specified in the applicable Property Schedule and shall pay all taxes, delivery costs and installation costs, If any, in connection therewith. To the extent funds are deposited under an escrow agreement or trust agreement for the acquisition of the Property, such funds shall be disbursed as provided therein. When the Property described in such Property Schedule is delivered, installed and accepted as to Lessee's specifications, Lessee shall immediately accept the Property and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate substantially in the form attached to the Property Schedule. ARTICLE V 6.01 Enjoyment of Property. Lessee shall during the Lease Tenn peaceably and quietly have, hold and enjoy the Property, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Agreement. Lessor shall not interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in default under the subject Property Schedule. 6.02 Location: Inspection. The Property will be initially located or based at the location specified in the applicable Property Schedule. Lessor shall have the right at all reasonable times during business hours to enter into and upon the property of Lessee for the purpose of inspecting the Property. ARTICLE VI 6.01 Lease Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional, statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of Lessee. Upon the appropriation of Lease Payments for a fiscal year, the Lease Payments for said fiscal year, and only the Lease Payments for said current fiscal year, shall be a binding obligation of Lessee; provided that such obligation shall not include a pledge of the taxing power of Lessee. 6.02 Payment of Lease Payments. Lessee shall promptly pay Lease Payments under each Property Schedule, exclusively from legally available funds, in lawful money of the United States of America, to Lessor in such amounts and on such dates as described in the applicable Property Schedule, at Lessor's address set forth on the first page of this Agreement, unless Lessor instructs Lessee otherwise. Lessee shall pay Lessor a charge on any delinquent Lease Payments under a Property Schedule in an amount sufficient to cover all additional costs and expenses incurred by Lessor from such delinquent Lease Payment. Lease payments shall be made in compliance with 218.73 Florida Statutes local government Prompt Pay Act. 6.03 Interest Component. A portion of each Lease Payment due under each Property Schedule is paid as, and represents payment of, interest, and each Property Schedule hereunder shall set forth the interest component (or method of computation thereof) of each Lease Payment thereunder during the Lease Term. 6.04 Lease Payments to be Unconditional. SUBJECT TO SECTION 6.06, THE OBLIGATIONS OF LESSEE TO PAY THE LEASE PAYMENTS DUE UNDER THE PROPERTY SCHEDULES AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET -OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S RIGHTS OR ACTIONS AGAINST ANY VENDOR AS PROVIDED IN SECTION 10.02. 6.06 Continuation of Lease by Lessee. Lessee intends to continue all Property Schedules entered into pursuant to this Agreement and to pay the Lease Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Lease Payments during the term of all Property Schedules can be obtained. Lessee agrees that its staff will provide during the budgeting process for each budget year to the governing body of Lessee notification of any Lease Payments due under the Property Schedules during the following budget year. Notwithstanding this covenant, if Lessee fails to appropriate the Lease Payments for a Property Schedule pursuant to Section 6.06, such Property Schedule shall terminate at the end of the then current Original Term or Renewal Term. Although Lessee has made this covenant, in the event that it fails to provide such notice, no remedy is provided and Lessee shall not be liable for any damages for its failure to so comply. 6.06 Nonappropriation, If during the then current Original Term or Renewal Tenn, sufficient funds are not appropriated to make Lease Payments required under a Property Schedule for the following fiscal year, Lessee shall be deemed to not have renewed such Property Schedule for the following fiscal year and the Property Schedule shall terminate at the end of the then current Original Term or Renewal Term and Lessee shall not be obligated to make Lease Payments under said Property Schedule �1 beyond the then current fiscal year for which funds have been appropriated. Upon the occurrence of such nonappropriation (a "Nonappropriation Event") Lessee shall, no later than the end of the fiscal year for which Lease Payments have been appropriated, deliver possession of the Property under said Property Schedule to Lessor. If Lessee fails to deliver possession of the Property to Lessor upon termination of said Property Schedule by reason of a Nonappropriation Even, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion of Lease Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee's failure to deliver Packet Page -523- 11 /12/2013 11.A. possession as required. In addition, Lessor may, by written instructions to any escrow agent who is holding proceeds of the Property Schedule, instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to Lessee's obligations under the Property Schedule and this Agreement Lessee shall notify Lessor in writing within seven (7) days after the failure of the Lessee to appropriate funds sufficient for the payment of the Lease Payments, but failure to provide such notice shall not operate to extend the Lease Tenn or result in any liability to Lessee. 6.07 Defeasance of Lease Payments. Lessee may at any time irrevocably deposit in escrow with a defeasance escrow agent for the purpose of paying all of the principal component and interest component accruing under a Property Schedule, a sum of cash and non callable securities consisting of direct obligations of, or obligations the principal of an interest on which are unconditionally guaranteed by, the United States of America or any agency or instrumentality thereof, in such aggregate amount, bearing interest at such rates and maturing on such dates as shall be required to provide funds sufficient for this purpose. Upon such defeasance, all right, title and interest of Lessor in the Property under said Property Schedule shall terminate. Lessee shall cause such investment to comply with the requirements of federal tax law so that the exclusion from gross income of the interest component of Lease Payments on said Property Schedule is not adversely affected. ARTICLE VII 7.01 Title to the Property. Upon acceptance of the Property by Lessee and unless otherwise required by the laws of the State, Otle to the Property shall vest in Lessee, subject to Lessor's interests under the applicable Property Schedule and this Agreement. 7.02 Personal Property, The Property is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Property or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Property from any party having an interest in any such real estate or building. 7.03 Security Interest To the extent permitted by law and to secure the performance of all of Lessee's obligations under this Agreement with respect to a Property Schedule, including without limitation all Property Schedules now existing are hereafter executed, Lessee grants to Lessor, for the benefit of Lessor and its successors and assigns, a security interest constituting a first lien on Lessee's interest in all of the Property under the Property Schedule, whether now owned or hereafter acquired, all additions, attachments, alterations and accessions to the Property, all substitutions and replacements for the Property, and on any proceeds of any of the foregoing, including insurance proceeds. Lessee shall execute any additional documents, including financing statements, affidavits, notices and similar instruments, in form and substance satisfactory to Lessor, which Lessor deems necessary or appropriate to establish, maintain and perfect a security interest in the Property in favor of Lessor and its successors and assigns. Lessee hereby authorizes Lessor to file all financing statements which Lessor deems necessary or appropriate to establish, maintain and perfect such security interest. ARTICLE VIII 8.01 Maintenance of Property by Lessee. Lessee shall keep and maintain the Property in good condition and working order and in compliance with the manufacturer's specifications, shall use, operate and maintain the Property in conformity with all laws and regulations concerning the Property's ownership, possession, use and maintenance, and shall keep the Property free and clear of all liens and claims, other than those created by this Agreement. Lessee shall have sole responsibility to maintain and repair the Property, Should Lessee fail to maintain, preserve and keep the Property in good repair and working order and in accordance with manufacturers specifications, and if requested by Lessor, Lessee will enter into maintenance contracts for the Property in form approved by Lessor and with approved providers, 8.02 Liens. Taxes, tither Governmental Charaes and Utility Charoes. Lessee shall keep the Property free of all levies, liens and encumbrances, except for the interest of Lessor under this Agreement. The parties to this Agreement contemplate that the Property will be used for a governmental or proprietary purpose of Lessee and, therefore, that the Property will be exempt from all property taxes. The Lease Payments payable by Lessee under this Agreement and the Property Schedules hereunder have been established to reflect the savings resulting from this exemption from taxation. Lessee will take such actions necessary under applicable law to obtain said exemption. Nevertheless, If the use, possession or acquisition of the Property is determined to be subject to taxation or later becomes subject to such taxes, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the Property. Lessee shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Property. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year of the Lease Term for such Property_ 8.03 Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Property against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount equal to at least the outstanding principal component of Lease Payments, and (b) liability insurance that protects Lessor from liability in all events in an amount reasonably acceptable to Lessor, and (c) worker's compensation insurance covering all employees working on, in, near or about the Property; provided that Lessee may self- insure against all such risks. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue such insurance in the State. All such liability insurance shall name Lessor as an additional insured. All such casualty insurance shall contain a provision making any losses payable to Lessor and Lessee as their respective interests may appear. All such insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Such changes shall not become effective without Lessor's prior written consent. Lessee shall furnish to Lessor, on or before the Commencement Date for each Property Schedule, and thereafter at Lessor's request, certificates evidencing such coverage, or, if Lessee self - insures, a written description of its self - insurance program together with a certification from Lessee's risk manager or insurance agent or consultant to the effect that Lessee's self-insurance program provides adequate coverage against the risks listed above. 8.04 Advances, in the event Lessee shall fail to either maintain the insurance required by this Agreement or keep the Property in good repair and working order, Lessor may, but shall be under no obligation to, purchase the required insurance and pay the cost of the premiums thereof or maintain and repair the Property and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the Lease Term for the applicable Property Schedule and shall be due and payable on the next Lease Payment Date and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date such amounts are advanced until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. ARTICLE IX 9.01 Damage or Destruction. If (a) the Property under a Property Schedule or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Property under a Property Schedule or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, fine or corporation acting pursuant to governmental authority, Lessor and Lessee will cause the Net Proceeds (as hereinafter defined) of any insurance claim, condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Property, unless Lessee shall have exercised its right to defease the Property Schedule as provided herein, or unless Lessee shall have exercised its option to purchase Lessor's interest in the Property if the Property Schedule so provides. Any balance of the Net Proceeds remaining aftersuch work has been completed shall be paid to Lessee. For purposes of Section 8.03 and this Article IX, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, including attomeys' fees, incurred in the collection thereof. 9.02 insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 9.01, Lessee shall (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds and, if Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Section 6.02, or (b) defease the Property Schedule pursuant to Section 6.07, or (c) exercise its option to purchase Lessor's interest in the Property pursuant to the optional purchase provisions of the Property Schedule, if any. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after such defeasance or purchase may be retained by Lessee. Packet Page -524- 0 11 /12/2013 11.A. ARTICLE X �1 10.01 Disclaimer of Warranties. LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE "AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER IS LATER, AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE. Lessee acknowledges that it has made (or will make) the selection of the Property from the Vendor based on its own judgment and expressly disclaims any reliance upon any statements or representations made by Lessor. Lessee understands and agrees that (a) neither the Vendor nor any sales representative or other agent of Vendor, is (i) an agent of Lessor, or (Ii) authorized to make or alter any term or condition of this Agreement, and (b) no such waiver or alteration shall vary the terms of this Agreement unless expressly set forth herein. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, the Property Schedules, or the existence, furnishing, functioning or use of any item, product or service provided for in this Agreement or the Property Schedules. 10.02 Vendor's Warranties. Lessor hereby irrevocably assigns to Lessee all rights that Lessor may have to assert from time to time whatever claims and rights (including without limitation warranties) related to the Property against the Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the Vendor of the Property, and not against Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties of the Vendor of the Property. 10.03 Use of the Property. Lessee will not install, use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement and the applicable Property Schedule. Lessee shall provide all permits and licenses, K any, necessary for the instaliation and operation of the Property. In addition, Lessee agrees to comply in all respects with all laws of the jurisdiction in which its operations involving any item of Property may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the items of the Property; provided that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner that does not in the opinion of Lessor, adversely affect the interest of Lessor in and to the Property or its interest or rights under this Agreement. Lessee shall promptly notify Lessor in writing of any pending or threatened investigation, inquiry, claim or action by any governmental authority which could adversely affect this Agreement, any Property Schedule or the Property thereunder. 10.04 Modifications. Subject to the provisions of this Section, Lessee shall have the right, at its own expense, to make alterations, additions, modifications or improvements to the Property. All such alterations, additions, modifications and improvements shell thereafter comprise part of the Property and shall be subject to the provisions of this Agreement. Such alterations, additions, modifications and Improvements shall not in any way damage the Property, substantially alter its nature or cause it to be used for purposes other than those authorized under the provisions of state and federal law; and the Property, on completion of any alterations, additions, modifications or improvements made pursuant to this Section, shall be of a value which is equal to or greater than the value of the Property immediately prior to the making of such alterations, additions, modifications and improvements. Lessee shall, at its own expense, make such alterations, additions, modifications and improvements to the Property as may be required from time to time by applicable law or by any governmental authority. ARTICLE XI 11.01 Option to Purchase. Lessee shall have the option to purchase Lessor's entire interest in all of the Property subject to a Property Schedule and to terminate any restrictions herein on the Property under such Property Schedule on the last day of the Lease Term for a Property Schedule, If the Property Schedule is still in effect on such day, upon payment in full of the Lease Payments due thereunder plus payment of One (1) Dollar to Lessor. Lessee shall give written notice to Lessor of its intent to purchase Lessor's interest in the Property at least sixty (60) days prior to the last day of the Lease Term for applicable Property Schedule. Upon exercise of the purchase option as set forth in this Section 11.01 and payment of the purchase price under the applicable Property Schedule, and performance by Lessee of all other terms, conditions and provisions hereof, Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably require to evidence the transfer, without warranty by or recourse to Lessor, of all of Lessor's right, title and interest in and to the Property subject to such Property Schedule to Lessee. 11.02 Option to Preoay. Lessee shall have the option to prepay in whole the Lease Payments due under a Property Schedule, but only If the Property Schedule so provides, and on the terms set forth in the Property Schedule. ARTICLE XII 12.01 Assignment by Lessor. Lessor's right, title and interest in, to and under each Property Schedule and the Property under such Property Schedule may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor without the necessity of obtaining the consent of Lessee; provided that any assignment shall not be effective until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interests in this Agreement and the Property Schedules. 12.02 Property Schedules Separate Financings. Assignees of the Lessor's rights in one Property Schedule shall have no rights in any other Property Schedule unless such rights have been separately assigned. 12.03 Assignment and Subleasing by Lessee. NONE OF LESSEE'S RIGHT, TITLE AND INTEREST IN, TO AND UNDER THIS AGREEMENT AND IN THE PROPERTY MAY BE ASSIGNED, SUBLEASED OR ENCUMBERED BY LESSEE FOR ANY REASON, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. 12.04 Release and Indemnification Covenants. To the extent permitted by section 768.28, Florida Statutes, Lessee shall indemnity, protect, hold harmless, save and keep harmless Lessor from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest (collectively, "Losses ") arising out of or resulting from the entering into this Agreement, any Property Schedules hereunder, the ownership of any item of the Property, the loss of federal tax exemption of the interest on any of the Property Schedules, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any Rem of the Property or any accident in connection with the operation, use, condition, possession, storage or return of any item of the Property resulting in damage to property or injury to or death to any person; provided, however, that Lessee shall not be required to indemnify Lessor for Losses arising out of or resulting from Lessor's own willful or negligent conduct. or for Losses arising out of or resulting from Lessor' preparation of disclosure material relating to certificates of participation in this Agreement and any Property Schedule (other than disclosure material provided to Lessor by Lessee). The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason. ARTICLE Xlli 13.01 Events of Default Defined. Any of the following shall constitute an 'Event of Default" under a Property Schedule: (a) Failure by Lessee to pay any Lease Payment under the Property Schedule or other payment required to be paid with respect thereto at the time specified therein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed with respect to the Property Schedule, other than as referred to in subparagraph (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that R the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to the Property Schedule or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of Packet Page -525- 0 11 /12/2013 11.A. creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (e) An order, judgment .or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 60 consecutive days. The foregoing provisions of Section 13.01 are subject to the following limitation: if by reason of force maieure Lessee is unable in whole or in part to perform its agreements under this Agreement and the Property Schedule (other than the obligations on the part of Lessee contained in Article VI hereof) Lessee shall not be in default during the continuance of such inability. The term "force maieure' as used herein shall mean the following: acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. A Nonappropriation Event is not an Event of Default 13.02 Remedies on Default. Whenever any Event of Default exists with respect to a Property Schedule, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) Without terminating the Property Schedule, and by written notice to Lessee, Lessor may declare all Lease Payments and other amounts payable by Lessee thereunder to the end of the then - current budget year of Lessee to be due, including without limitation delinquent Lease Payments under the Property Schedule from prior budget years, and such amounts shall thereafter bear interest at the rate of 12% per annum or the maximum rate permitted by applicable law, whichever is less; (b) Lessor may terminate the Property Schedule, may enter the premises where the Property subject to the Property Schedule is located and retake possession of the Property, or require Lessee, at Lessee's expense, to promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor shall specify, and Lessor may thereafter dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in effect in the State; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) pay off any outstanding principal component of Lease Payments, (ii) pay any other amounts then due under the Property Schedule, and (iii) pay Lessor's costs and expenses associated with the disposition of the Property (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto, and further provided that no deficiency shall be allowed against Lessee except with respect to unpaid costs and expenses incurred by Lessor in connection with the disposition of the Property; (c) By written notice to any escrow agent who is holding proceeds of the Property Schedule, Lessor may instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to payment of Lessee's obligations under the Property Schedule; (d) Lessor may take any action, at law or in equity, that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under the Property Schedule and this Agreement Notwithstanding the foregoing, if the proceeds are insufficient to pay items (i) to (iii) in Section 13.02(b) in whole, Lessee shall remain obligated after application of proceeds to items (i) and (ii), to pay in whole the amounts for item (iii). 13.03 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. in order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice, other than such notice as may be required in this Article. 13.04 Costs and Attomev Fees. Upon the occurrence of an Event of Default by Lessee in the performance of any term of this Agreement, Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other amounts due hereunder, all of Lessor's costs of collection, including reasonable attorney fees, whether or not suitor action is filed thereon. Any such costs shall be immediately due and payable upon written notice and demand given to Lessee, shall be secured by this Agreement until paid and shall bear interest at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial or on appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums provided by law. ARTICLE XIV 14.01 Notices, All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid, to the parties hereto at the addresses as specified on the first page of this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party), to any assignee at its address as it appears on the registration books maintained by Lessee. 14.02 Arbitrage Certificates. Unless a separate Arbitrage Certificate is delivered on the Commencement Date, Lessee shall be deemed to make the following representations and covenants as of the Commencement Date for each Property Schedule: (a) The estimated total costs, including taxes, freight, installation, and cost of issuance, of the Property under the Property Schedule will not be less than the total principal amount of the Lease Payments. (b) The Property under the Property Schedule has been ordered or is expected to be ordered within six months after the Commencement Date and the Property is expected to be delivered and installed, and the Vendor fully paid, within eighteen months from the Commencement Date. Lessee will pursue the completion of the Property and the expenditure of the net proceeds of the Property Schedule with due diligence. (c) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Lease Payments under the Property Schedule, or (ii) that may be used solely to prevent a default in the payment of the Lease Payments under the Property Schedule. (d) The Property under the Property Schedule has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Lease Payments under the Property Schedule. (e) There are no other obligations of Lessee which (i) are being sold within 15 days of the Commencement Date of the Property Schedule; (ii) are being sold pursuant to the same plan of financing as the Property Schedule; and (iii) are expected to be paid from substantially the same source of funds. (f) The officer or official who has executed the Property Schedule on Lessee's behalf is familiar with Lessee's expectations regarding the use and expenditure of the proceeds of the Property Schedule. To the best of Lessee's knowledge, information and belief, the facts and estimates set forth in herein are accurate and the expectations of Lessee set forth herein are reasonable. 14.03 Further Assurances. Lessee agrees to execute such other and further documents, including, without limitation, confirmatory financing statements, continuation statements, certificates of title and the like, and to take all such action as may be necessary or appropriate, from time to time, in the reasonable opinion of Lessor, to perfect, confirm, establish, reestablish, continue, or complete the interests of Lessor in this Agreement and the Property Schedules, to consummate the transactions contemplated hereby and thereby, and to tarty out the purposes and intentions of this Agreement and the Property Schedules. 14.04 Binding Effect This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. 14.06 Severability, In the event any provision of this Agreement shall be invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. GP Packet Page -526- 11/12/2013 11.A. 14.08 Waiver of Jury Trials. Lessee and Lessor hereby irrevocably waive all right to trial by jury In any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or the actions of Lessor or Lessee in the negotiation, administration, performance or enforcement hereof. \, 14.07 Amendments. Chances and Modifications. This Agreement may be amended in writing by Lessor and Lessee to the extent the amendment or modification does not apply to outstanding Property Schedules at the time of such amendment or modification. The consent of all assignees shall be required to any amendment or modification before such amendment or modification shall be applicable to any outstanding Property Schedule. 14.08 Execution In Counterparts. This Agreement and the Property Schedules hereunder may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 14.09 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida with venue in Collier County. 14.10 Captions . The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. n Lessor: U.S. Bancorp Government Leasing and Finance Inc. B: Name: Title: Lessee: Collier County Bv: Georgia A. Hiller, Esq Name: Chairwoman Title: Attest: By: Name: Title: Packet Page -527- Approved as to form and legality Assistant County Attorney 11 /12/2013 11.A. ADDENDUM (FLORIDA) Master Tax - Exempt Lease /Purchase Agreement THIS ADDENDUM, which is entered into as of November 30, 2013 between U.S. Bancorp Government Leasing and Finance, Inc. ( "Lessor") and Collier County ( "Lessee "), is intended to modify and supplement Property Schedule No. 1 (the "Property Schedule ") to the Master Tax- Exempt Lease/Purchase Agreement between Lessor and Lessee dated as of November 30, 2013 (the "Master Agreement"). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Master Agreement. 1. The Master Agreement is hereby amended as set forth below: (a) Section 6.02 Payment of Lease Payments is amended to read as follows: "Lessee shall promptly pay Lease Payments under each Property Schedule, exclusively from legally available funds, in lawful money of the United States of America, to Lessor in such amounts and on such dates as described in the applicable Property Schedule, at Lessor's address set forth on the first page of this Agreement, unless Lessor instructs Lessee otherwise. Lessee shall pay Lessor a charge on any delinquent Lease Payments under a Property Schedule in an amount sufficient to cover all additional costs and expenses incurred by Lessor from such delinquent Lease Payment. Lease Payments shall be made in compliance with 218.73 Florida Statutes local government Prompt Pay Act.* (b) Section 7.03 entitled Security Interest is deleted in its entirety. (c) The last sentence of Section 12.01 Assignment by Lessor is amended and restated as follows: "Lessor's right, title and interest in, to and under each Property Schedule and the Property under such Property Schedule may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor without the necessity of obtaining the consent of Lessee; provided that any assignment shall not be effective until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. Lessee agrees to execute all documents, including notices of assignment, that may be reasonably requested by Lessor or any assignee to protect its interests in this Agreement and the Property Schedules." (d) Section 12.04 Release and Indemnification Covenants is amended to read as follows: "To the extent permitted by section 768.28, Florida Statutes, Lessee shall indemnify, protect, hold harmless, save and keep harmless Lessor from and against any and all liability, obligation, loss, claim and damage whatsoever, regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest (collectively, "Losses ") arising out of or resulting from the entering into this Agreement, any Property Schedules hereunder, the ownership of any item of the Property, the loss of federal tax exemption of the interest on any of the Property Schedules, the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Property or any accident in connection with the operation, use, condition, possession, storage or return of any item of the Property resulting in damage to property or injury to or death to any person; provided, however, that Lessee shall not be required to indemnify Lessor for Losses arising out of or resulting from Lessor's own willful or negligent conduct, or for Losses arising out of or resulting from Lessor preparation of disclosure material relating to certificates of participation in this Agreement and any Property Schedule (other than disclosure material provided to Lessor by Lessee). The indemnification arising under this Section shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement, or the applicable Property Schedule, or the termination of the Lease Term for such Property Schedule for any reason." (e) Subsection 13.02(b) is amended to read as follows: "(b) Lessor may terminate the Property Schedule, and may require Lessee, at Lessee's expense, to promptly return any or all of the Property to the possession of Lessor at such place within the United States as Lessor shall specify, and Lessor may thereafter dispose of the Property; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) pay any amounts then due under the Property Schedule, including payments under Section 13.02(a), and (ii) pay Lessor's costs and expenses associated with the disposition of the Property (including attorneys fees), shall be paid to Lessee or GQ' Packet Page -528- 11 /12/2013 11.A. such other creditor of Lessee as may be entitled thereto, and further provided that no deficiency shall be allowed against Lessee;" (f) The last sentence of Section 13.02 commencing with the word "Notwithstanding" is deleted in its entirety. (g) A new Subsection 13.02(e) is added to the Master Agreement to read in its entirety as follows: "(e) Following an Event of Defauft or an Event of Nonappropriation hereunder and upon failure of Lessee to voluntarily comply with Section 6.06 or 13.02(b), Lessor may take any action, at law, that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under the Property Schedule and this Agreement against Lessee's legally available funds. Lessor and Lessee agree that there is no intention to create under this Agreement and the applicable Property Schedule a right of Lessor to dispossess Lessee involuntarily of the legal title to or the right of use of the Property. Lessor hereby irrevocably waives any right to specific performance of Lessee's covenant to transfer legal title to and return of possession of the Property to Lessor. Lessor acknowledges that in no event may it compel the use of ad valorem taxing power to compel Lessee to pay Lease Payments or other payment obligations under this Agreement." (h) Section 14.09 Applicable Law is amended to read as follows: "This Agreement shall be governed by and construed in accordance with the laws of the State of Florida with venue in Collier County." 2. If Lessee utilizes the services of a procurement management program operated by another governmental authority in connection with the acquisition of Property, Lessee shall be solely responsible for the payment of all rebates, revenues sharing and other fees payable to such governmental authority in connection with its participation in such program, regardless of whether any available discount has been applied in determining the amount of proceeds of the Property Schedule payable to the Vendor. 3. If Lessee is a county, Lessee represents and warrants to Lessor that: (a) If the term of the Property Schedule exceeds five (5) years, Lessee represents and covenants to Lessor that the Lease Payments with respect thereto are and will be payable from sources other than ad valorem taxes. (b) The Property Schedule has been approved by the Board of County Commissioners of Lessee. IN WITNESS WHEREOF, Lessor and Lessee have caused this Addendum to be executed in their names by their duly authorized representatives as of the date first above written. Lessor: U.S. Bancorp Government Leasing and Finance Inc. B: Name: Title: Lessee: Collier County Georgia A. Hiller, Esq. Name: Chairwoman Attest: Name: Title: n Approved as to form and legality Assistant County Attorney Packet Page -529- GA 11 /12/2013 11.A. Property Schedule No. 1 Master Tax - Exempt Lease /Purchase Agreement This Property Schedule No. 1 is entered into as of the Commencement Date set forth below, pursuant to that certain Master Tax - Exempt Lease /Purchase Agreement (the "Master Agreement "), dated as of November 30, 2013, between U.S. Bancorp Government Leasing and Finance, Inc., and Collier County. 1. Interpretation. The terms and conditions of the Master Agreement are incorporated herein by reference as if fully set forth herein. Reference is made to the Master Agreement for all representations, covenants and warranties made by Lessee in the execution of this Property Schedule, unless specifically set forth herein. In the event of a conflict between the provisions of the Master Agreement and the provisions of this Property Schedule, the provisions of this Property Schedule shall control. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement. 2. Commencement Date. The Commencement Date for this Property Schedule is November 30, 2013. 3. Property Description and Payment Schedule. The Property subject to this Property Schedule is described in Exhibit 1 hereto. Lessee shall not remove such property from the locations set forth therein without giving prior written notice to Lessor. The Lease Payment Schedule for this Property Schedule is set forth in Exhibit 1. 4. Opinion. The Opinion of Lessee's Counsel is attached as Exhibit 2. 5. Lessee's Certificate. The Lessee's Certificate is attached as Exhibit 3. 6. Proceeds. Lessor shall disburse the proceeds of this Property Schedule in accordance with the instructions attached hereto as Exhibit 4. 7. Acceptance Certificate. The form of Acceptance Certificate is attached as Exhibit 5. 8. Additional Purchase Option Provisions. In addition to the Purchase Option provisions set forth in the Master Agreement, Lease Payments payable under this Property Schedule shall be subject to prepayment in whole at any time by payment of the applicable Termination Amount set forth in Exhibit 1 (Payment Schedule) and payment of all accrued and unpaid interest through the date of prepayment. 9. Bank Qualification and Arbitraae Rebate. Attached as Exhibit 6, 10. Expiration. Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Master Agreement (including this Property Schedule and all ancillary documents) is not received by Lessor at its place of business by December 15, 2013. IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives as of the Commencement Date above. Lessor: U.S. Bancorp Government Leasing and Finance Inc. B: Name: Title: Lessee: Collier County Georgia A. Hiller, Esq. Name: Chairwoman Title: Attest: B Name: Approved as to form and legality Title: Assistant County Attorney G� Packet Page -530- 11 /12/2013 11.A. � JEXH IBIT 1 Property Description and Payment Schedule Re: Property Schedule No. 1 to Master Tax - Exempt Lease/Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and Collier County. THE PROPERTY IS AS FOLLOWS: The Property as more fully described in Exhibit A incorporated herein by reference and attached hereto. It includes all replacements, parts, repairs, additions, accessions and accessories incorporated therein or affixed or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries. PROPERTY LOCATION: Address City, State Zip Code USE: EKG Monitors /Defibrillators - This use is essential to the proper, efficient and economic functioning of Lessee or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future. Lease Payment Schedule Total Principal Amount: $1,479,985.25 Payment No. Due Date Lease Payment Principal Portion Interest Portion Termination Amount (After Making Payment for said Due Date 1 30- Nov -2013 257,980.71 257,980.71 0.00 1,258,664.68 2 30- Nov -2014 257,980.71 235,618.03 22,362.68 1,015,978.11 3 30- Nov -2015 257,980.71 239,929.84 18,050.87 768,850.38 4 30- Nov -2016 257,980.71 244,320.55 13,660.16 517,200.21 5 30- Nov -2017 257,980.71 248,791.62 9,189.09 260,944.84 6 30- Nov -2018 257 980.71 253 344.51 463620 0.00 TOTALS: 1,547,884.26 1 479 985.25 67 899.01 Interest Rate: 1.$ , EST - DWIGHT E. BROCK, Clank By: Approved as to form and legality Assistant County Attorney Lessee: Collier County Name: Title: Packet Page -531- Georgia A. Hiller, Esq. Chairwoman GP 11 /12/2013 11.A. EXHIBIT Property Description (50) New EKG Monitors /Defibrillators and accessories f -Z Packet Page -532- 11 /12/2013 11.A. EXHIBIT 2 Lessee's Counsel's O inion [To be provided on letterhead of Lessee's counsel.] November 30, 2013 U.S. Bancorp Government Leasing and Finance, Inc. 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 Collier County 3299 Tamiami Trail Naples, FL 34112 RE: Property Schedule No. 1 to Master Tax- Exempt Lease /Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and Collier County. Ladies and Gentlemen: We have acted as special counsel to Collier County ( "Lessee "), in connection with the Master Tax - Exempt Lease /Purchase Agreement, dated as of November 30, 2013 (the "Master Agreement "), between Collier County, as lessee, and U.S. Bancorp Government Leasing and Finance, Inc. as lessor ("Lessor), and the execution of Property Schedule No. 1 (the "Property Schedule ") pursuant to the Master Agreement. We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement and Property Schedule. As to questions of fact material to our opinion, we have relied upon the representations of Lessee in the Master Agreement and the Property Schedule and in the certified proceedings and other certifications of public officials fumished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion that, under existing law: 1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power. 2. Lessee has all requisite power and authority to enter into the Master Agreement and the Property Schedule and to perform its obligations thereunder. 3. The execution, delivery and performance of the Master Agreement and the Property Schedule by Lessee has been duly authorized by all necessary action on the part of Lessee. 4. All proceedings of Lessee and its governing body relating to the authorization and approval of the Master Agreement and the Property Schedule, the execution thereof and the transactions contemplated thereby have been conducted in accordance with all applicable open meeting laws and all other applicable state and federal laws. 5. Lessee has acquired or has arranged for the acquisition of the Property subject to the Property Schedule, n and has entered into the Master Agreement and the Property Schedule, in compliance with all applicable public bidding laws. 6. Lessee has obtained all consents and approvals of other governmental authorities or agencies which may be required for the execution, delivery and performance by Lessee of the Master Agreement and the Property Schedule. Packet Page -533- GA 11 /12/2013 11.A. 7. The Master Agreement and the Property Schedule have been duly executed and delivered by Lessee and constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with the terms thereof, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other laws of equitable principles of general application, or of application to municipalities or political subdivisions such as the Lessee, affecting remedies or creditors' rights generally, and to the exercise of judicial discretion in appropriate cases. 8. As of the date hereof, based on such inquiry and investigation as we have deemed sufficient, no litigation is pending, (or, to our knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. This opinion may be relied upon by Lessor, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Property Schedule. Very truly yours, By: Dated: Packet Page -534- (CI 11 /12/2013 11.A. EXHIBIT 3 Lessee's Certificat Re: Property Schedule No. 1 to Master Tax - Exempt Lease /Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and Collier County. The undersigned, being the duly elected, qualified and acting of the Collier County ( "Lessee ") do hereby certify, as of November 30, 2013, as follows: 1. Lessee did, at a meeting of the governing body of the Lessee held by resolution or ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of the above - referenced Property Schedule (the 'Property Schedule ") and the Master Tax - Exempt Lease/Purchase Agreement (the "Master Agreement ") by the following named representative of Lessee, to wit: 2. The above -named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. 3. The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the Lessee, if any, and the laws of the State. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or a Nonappropriation Event (as such terms are defined in the Master Agreement) exists at the date hereof with respect to this Property Schedule or any other Property Schedules under the Master Agreement. 5. The acquisition of all of the Property under the Property Schedule has been duly authorized by the governing body of Lessee. 6. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year under the Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. By: 10—IN Approved as to form arm 1 Wity Georgia A. Hiller, Esq. Chairwoman Assistant County Attorney By' Packet Page -535- 0 NAME OF EXECUTING OFFICIAL TITLE OF EXECUTING OFFICIAL SIGNATURE OF EXECUTING OFFICIAL And/ Or 2. The above -named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. 3. The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the Lessee, if any, and the laws of the State. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or a Nonappropriation Event (as such terms are defined in the Master Agreement) exists at the date hereof with respect to this Property Schedule or any other Property Schedules under the Master Agreement. 5. The acquisition of all of the Property under the Property Schedule has been duly authorized by the governing body of Lessee. 6. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year under the Property Schedule and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. By: 10—IN Approved as to form arm 1 Wity Georgia A. Hiller, Esq. Chairwoman Assistant County Attorney By' Packet Page -535- 0 11 /12/2013 11.A. EXHIBIT Payment of Proceeds Instructions U.S. Bancorp Government Leasing and Finance, Inc. 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 Re: Property Schedule No. 1 (the "Property Schedule ") to Master Tax - Exempt Lease /Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. ("Lessor") and Collier County ( "Lessee "). Ladies and Gentlemen: The undersigned, an Authorized Representative of the Lessee hereby requests and authorizes Lessor to disburse the net proceeds of the Property Schedule as follows: Name of Payee: By Check: If by check, Payee's Address: If by wire transfer, instructions as follows: Pay to Bank Name: Bank Address: Bank Phone #: For Account of: ABA No.: Lessee: Collier County Georgia A. Hiller, Esq. Name: Chairwoman Title: ra.. f £� S T. DWIGHT E. BROCK, clerk By: By Wire Transfer: Approved as to form and legality Assistant County Attorney Packet Page -536- c� 11 /12/2013 11.A EXHIBIT 5 cceptance Certificate U.S. Bancorp Government Leasing and Finance, Inc. 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 Re: Property Schedule No. 1 to Master Tax - Exempt Lease /Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and Collier County Ladies and Gentlemen: In accordance with the above - referenced Master Tax - Exempt Lease /Purchase Agreement (the "Master Agreement "), the undersigned ( "Lessee ") hereby certifies and represents to, and agrees with, U.S. Bancorp Government Leasing and Finance, Inc. ( "Lessor"), as follows: (1) The Property, as such terms are defined in the above - referenced Property Schedule, has been acquired, made, delivered, installed and accepted on the date indicated below. (2) Lessee has conducted such inspection and/or testing of the Property as it deems necessary and appropriate and hereby acknowledges that it accepts the Property for all purposes. (3) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default or a Nonappropriation Event (as such terms are defined in the Master Agreement) exists at the date hereof. Acceptance Date: Lessee: Collier County B: Georgia A. Hiller, Esq. Name: Chairwoman Title: DWIGHT E. BROCK, Clerk By: Approved as to form and legality Assistant County Attorney Packet Page -537- (` A� 11 /12/2013 11.A. EXH I BIT 6 Bank Qualification And Arbitrage Rebate U.S. Bancorp Government Leasing and Finance, Inc. 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 Re: Property Schedule No. 1 to Master Tax - Exempt Lease /Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and Collier County Bank Qualified Tax - Exempt Obliaation under Section 265 Lessee hereby designates this Property Schedule as a "qualified tax - exempt obligation" as defined in Section 265(b)(3)(B) of the Code. Lessee reasonably anticipates issuing tax - exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and including all tax - exempt obligations of subordinate entities of the Lessee) during the calendar year in which the Commencement Date of this Property Schedule falls, in an amount not exceeding $10,000,000. Arbitrage Rebate Eighteen Month Exception: Pursuant to Treasury Regulations Section 1.148 -7(d), the gross proceeds of this Property Schedule will be expended n for the governmental purposes for which this Property Schedule was entered into, as follows: at least 15% within six months after the Commencement Date, at least 60% within 12 months after the Commencement Date, and 100% within 18 months after the Commencement Date. If Lessee is unable to comply with Section 1.148 -7(d) of the Treasury Regulations, Lessee shall compute rebatable arbitrage on this Agreement and pay rebatable arbitrage to the United States at least once every five years, and within 60 days after payment of the final Lease Payment due under this Agreement. Approved as to form and legality Assistant County Attorney Lessee: Collier County Name: Title: Georgia A. Hiller, Esq. Chairwoman >` . =s r. ° #GIi . RROCK, Clergy. Packet Page -538- 0 /,—\ 11 /12/2013 11.A. Language for UCC Financing Statements Schedule 1 SECURED PARTY: U.S. Bancorp Government Leasing and Finance, Inc. DEBTOR: Collier County This financing statement covers all of Debtor's right, title and interest, whether now owned or hereafter acquired, in and to the equipment leased to Debtor under Property Schedule No. 1 dated November 30, 2013 to that certain Master Tax - Exempt Lease Purchase Agreement dated as of November 30, 2013, in each case between Debtor, as Lessee, and Secured Party, as Lessor, together with all accessions, substitutions and replacements thereto and therefore, and proceeds (cash and non - cash), including, without limitation, insurance proceeds, thereof, including without limiting, all equipment described on Exhibit A attached hereto and made a part hereof. Debtor has no right to dispose of the equipment. Packet Page -539- Cp 11 /12/2013 11.A. INSURANCE AUTHORIZATION AND VERIFICATION Date: November 30, 2013 Property Schedule No: 1 To: Collier County (the "Lessee ") From: U.S. Bancorp Government Leasing and Finance, Inc. (the "Lessor") 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 Attn: Francine Neville TO THE LESSEE: In connection with the above- referenced Property Schedule, Lessor requires proof in the form of this document, executed by both Lessee' and Lessee's agent, that Lessee's insurable interest in the financed property (the 'Property") meets Lessor's requirements as follows, with coverage including, but not limited to, fire, extended coverage, vandalism, and theft: Lessor, AND ITS SUCCESSORS AND ASSIGNS, shall be covered as both ADDITIONAL INSURED and LENDER'S LOSS PAYEE with regard to all equipment financed or leased by policy holder through or from Lessor. All such insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Lessee must carry GENERAL LIABILITY (and /or, for vehicles, Automobile Liability) in the amount of no less than $1,000,000.00 (one million dollars). Lessee must carry PROPERTY Insurance (or, for vehicles, Physical Damage Insurance) in an amount no less than the 'Insurable Value' $1,479,985.25, with deductibles no more than $10,000.00. "Lessee: Please execute this form and return with your document package. Lessor will fax this form to your insurance agency for endorsement. In lieu of agent endorsement, Lessee's agency may submit insurance certificates demonstrating compliance with all requirements. if fully executed form (or Lessee - executed form plus certificates) is not provided within 15 days, we have the right to purchase such insurance at your expense. Should you have any questions, please contact Francine Neville at 303 - 585 -4077. By signing, Lessee authorizes the Agent named below: 1) to complete and return this form as indicated; and 2) to endorse the policy and subsequent renewals to reflect the required coverage as outlined above. Agency /Agent: Address: Phone /Fax: Email: Lessee: Collier County Title: Georgia A. Hiller, Esq. Chairwoman TO THE AGENT: In lieu of providing a certificate, please execute this form in the space below and promptly fax it to Lessor at 303 - 585 -4732. This fully endorsed form shall serve as proof that Lessee's insurance meets the above requirements. Agent hereby verifies that the above requirements have been met in regard to the Property listed below. Print Name of Agency: By: X (Agent's Signature) Print Name: X Insurable Value: $1,479,985.25 ATTACHED: PROPERTY DESCRIPTION FOR PROPERTY SCHEDULE NO.: 1 DWK-114T E. BROCK, Clerk Date: X Approved as to form and legality C�)__ Assistant County Attorney 4 Packet Page -540- ock( /_*11 11 /12/2013 11.A. Notification of Tax Treatment to Tax - Exempt Lease /Purchase Agreement This Notification of Tax Treatment is pursuant to the Master Tax - Exempt Lease /Purchase Agreement dated as of November 30, 2013 and the related Property Schedule No. 1 dated November 30, 2013, between Lessor and Lessee (the "Agreement'). Lessee agrees that this Property Schedule SHOULD be subject to sales /use taxes X Lessee agrees that this Property Schedule should NOT be subject to sales/use taxes and Lessee has included our tax - exemption certificate with this document package Lessee agrees that this Property Schedule should NOT be subject to sales/use taxes and no tax- exemption certificate is issued to us by the State Lessee agrees that this Property Schedule is a taxable transaction and subject to any /all taxes Lessee agrees that this Property Schedule is subject to sales/use taxes and will pay those taxes directly to the State or Vendor IN WITNESS WHEREOF, Lessee has caused this Notification of Tax Treatment to be executed by their duly authorized representative. Lessee: Collier County Georgia A. Hiller, Esq. Name: Chairwoman Title: wed D%r%AG1HT E. BROCK, Clerk 3-, F 06 Approved as to form and legality Assistant County Attorney (`�40 Packet Page -541- 11 /12/2013 11.A. Form 8038 -G Information Return for Tax - Exempt Governmental Obligations (Rev. September 2011) ► Under Internal Revenue Code section 149(e) OMB No. 1545 -0720 ► See separate instructions. Department of the Treasury Internal Revenue Service Caution: If the issue price is under $100,000, use Form 8038 -GC. . • . Y Reoortina Authoritv If Amended Return. check here ► ❑ 1 Issuer's name 2 Issuer's employer Identification number (EIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) Room/sulte 5 Report number (For IRS Use Only) 6 City, town, or post office, state, and ZIP code 7 Date of issue 8 Name of issue 9 CUSIP number 108 Name and title of officer or other employee of the issuer whom the IRS may call for more information (am instructions) 10b Telephone number of officer or other employee shown on 10a i ype of Issue (enter the Issue price). See the instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . 12 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . 15 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Other. Describe ► 18 19 If obligations are TANS or RANs, check only box 19a . . . . . . . . . . . . . ► ❑ �' " { If obligations are BANS, check only box 19b . . . . . . . . . . . . . . . ► ❑ k, k; 20 If obligations are in the form of a lease or installment sale, check box ► ❑ ,;�, x, (a) Final maturity date (b) Issue price I (c) Stated redemption I (d) Weighted I (e) Yield price at maturity average maturity 21 ears % Uses of Proceeds of Bond Issue (including underwriters' discount) 22 23 24 25 26 27 28 29 30 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . Issue price of entire issue (enter amount from line 21, column (b)) . . . . . Proceeds used for bond issuance costs (including underwriters' discount) . 24 Proceeds used for credit enhancement . . . . . . . . . . . . 25 Proceeds allocated to reasonably required reserve or replacement fund 26 Proceeds used to currently refund prior issues . . . . . . . . . 27 Proceeds used to advance refund prior issues . . . . . . . . . 28 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . 22 23 „ *,p ` 29 30 Fg-rd IM Description of Refunded Bonds. Complete this part only for refunding bonds. 31 32 33 34 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . ► Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . ► Enter the last date on which the refunded bonds will be called (MM /DD/YYYY) . . . . . . ► Enter the date(s) the refunded bonds were issued ► (MM /DD/YYYY) years years For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038 -G (Rev. 9 -2011) Packet Page -542 - cg Form 8038 -G (Rev. 9 -2011) 11 /12/2013 11.A. 2 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC Do- c Enter the name of the GIC provider ► 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 37 38a If this issue is a loan made from the proceeds of another tax- exempt issue, check box ► ❑ and enter the following information: b Enter the date of the master pool obligation Do- c Enter the EIN of the issuer of the master pool obligation ► d Enter the name of the issuer of the master pool obligation ► 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(Ill) (small issuer exception), check box . . . . ► ❑ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . ► ❑ 41a If the issuer has identified a hedge, check here ► ❑ and enter the following information: b Name of hedge provider ► c Type of hedge No- d Term of hedge ► 42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . ► ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are re mediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . ► ❑ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . ► ❑ 45a If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount of reimbursement . . . . . . . . . lo- b Enter the date the official intent was adopted ► Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Signature and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to and process this return, to the person that I have authorized above. Consent r Signature of issuer's authorized representative Date F Type or print name and title Paid Print/Type preparer's name Preparer's signature Date ❑ PTIN Check if Preparer I self - employed Use Only Finn's name ► Finn's EIN ► Firm's address ► Phone no. Form W;M -ti (Rev. 9 -2011) Packet Page -543- 0 11 /12/2013 11.A. Instructions for Form Department of the Treasury 8038-G ra Internal Revenue Service (Rev. September 2011) Information Return for Tax - Exempt Governmental Obligations Section references are to the Internal Revenue Code unless otherwise noted. General instructions Purpose of Form Form 8038 -G is used by issuers of tax - exempt governmental obligations to provide the IRS with the information required by section 149(e) and to monitor the requirements of sections 141 through 150. Who Must File IF the issue price THEN, for tax - exempt (line 21, column (b)) governmental Is... obligations issued after December 31, 1986, Issuers must file... $100,000 or more A separate Form 8038 -G for each issue Less than $100,000 Form 8038 -GC, Information Return for Small Tax - Exempt Governmental Bond Issues, Leases, and Installment Sales For all build America bonds and recovery zone economic development bonds use Form 8038 -B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds. For tax credit bonds and specified tax credit bonds use Form 8038 -TC, Information Retum for Tax Credit Bonds and Specified Tax Credit Bonds. When To File File Form 8038 -G on or before the 15th day of the 2nd calendar month after the close of the calendar quarter in which the bond is issued. Form 8038 -G may not be filed before the issue date and must be completed based on the facts as of the issue date. Late filing. An issuer may be granted an extension of time to file Form 8038 -G under Section 3 of Rev. Proc. 2002 -48, 2002 -37 I.R.B. 531, if it is determined that the failure to file timely is not due to willful neglect. Type or print at the top of the form "Request for Relief under section 3 of Rev. Proc. 2002 -48" and attach a letter explaining why Form 8038 -G was not submitted to the IRS on time. Also indicate whether the bond issue in question is under examination by the IRS. Do not submit copies of the trust Sep 20, 2011 indenture or other bond documents. See Where To File next. Where To File File Form 8038 -G, and any attachments, with the Department of the Treasury, Internal Revenue Service Center, Ogden, UT 84201. Private delivery services. You can use certain private delivery services designated by the IRS to meet the "timely mailing as timely filing/paying" rule for tax returns and payments. These private delivery services include only the following: • DHL Express (DHL): DHL Same Day Service. • Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx International Priority, and FedEx International First. • United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express. The private delivery service can tell you how to get written proof of the mailing date. Other Forms That May Be Required For rebating arbitrage (or paying a penalty in lieu of arbitrage rebate) to the Federal government, use Form 8038 -T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate. For private activity bonds, use Form 8038, Information Return for Tax - Exempt Private Activity Bond Issues. For build America bonds (Direct Pay), build America bonds (Tax Credit), and recovery zone economic development bonds, complete Form 8038 -B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds. For qualified forestry conservation bonds, new clean renewable energy bonds, qualified energy conservation bonds, qualified zone academy bonds, qualified school construction bonds, clean renewable energy bonds, Midwestern tax credit bonds, and all other qualified tax credit bonds (except build America bonds), file Form 8038 -TC, Information Return for Tax Credit Bonds and Specified Tax Credit Bonds. Cat. No. 63774D Packet Page -544- Rounding to Whole Dollars You may show amounts on this return as whole dollars. To do so, drop amounts less than 50 cents and increase amounts from 50 cents through 99 cents to the next higher dollar. Questions on Filing Form 8038 -G For specific questions on how to file Form 8038 -G send an email to the IRS at TaxExemptBondOuestions@irs.gov and put "Form 8038 -G Question" in the subject line. In the email include a description of your question, a return email address, the name of a contact person, and a telephone number. Definitions Tax - exempt obligation. This is any obligation, including a bond, installment purchase agreement, or financial lease, on which the interest is excluded from income under section 103. Tax - exempt governmental obligation. A tax - exempt obligation that is not a private activity bond (see below) is a tax - exempt governmental obligation. This includes a bond issued by a qualified volunteer fire department under section 150(e). Private activity bond. This includes an obligation issued as part of an issue in which: • More than 10% of the proceeds are to be used for any private activity business use, and • More than 10% of the payment of principal or interest of the issue is either (a) secured by an interest in property to be used for a private business use (or payments for such property) or (b) to be derived from payments for property (or borrowed money) used for a private business use. It also includes a bond, the proceeds of which (a) are to be used directly or indirectly to make or finance loans (other than loans described in section 141(c)(2)) to persons other than governmental units and (b) exceeds the lesser of 5% of the proceeds or $5 million. Issue price. The issue price of obligations is generally determined under Regulations section 1.148 -1(b). Thus, when issued for cash, the issue price is the first price at which a substantial amount of the obligations are sold to the public. To determine the issue price of an obligation issued for property, see sections 1273 and 1274 and the related regulations. �1 Issue. Generally, obligations are treated as part of the same issue if they are issued by the same issuer, on the same date, and in a single transaction, or a series of related transactions. However, obligations issued during the same calendar year (a) under a loan agreement under which amounts are to be advanced periodically (a "draw -down loan ") or (b) with a term not exceeding 270 days, may be treated as part of the same issue if the obligations are equally and ratably secured under a single indenture or loan agreement and are issued under a common financing arrangement (for example, under the same official statement periodically updated to reflect changing factual circumstances). Also, for obligations issued under a draw -down loan that meet the requirements of the preceding sentence, obligations issued during different calendar years may be treated as part of the same issue if all of the amounts to be advanced under the draw -down loan are reasonably expected to be advanced within 3 years of the date of issue of the first obligation. Likewise, obligations (other than private activity bonds) issued under a single agreement that is in the form of a lease or installment sale may be treated as part of the same issue if all of the property covered by that agreement is reasonably expected to be delivered within 3 years of the date of issue of the first obligation. Arbitrage rebate. Generally, interest on a state or local bond is not tax - exempt unless the issuer of the bond rebates to the United States arbitrage profits earned from investing proceeds of the bond in higher yielding nonpurpose investments. See section 148(f). Construction issue. This is an issue of tax - exempt bonds that meets both of the following conditions: 1. At least 75% of the available construction proceeds are to be used for construction expenditures with respect to property to be owned by a governmental unit or a section 501(c)(3) organization, and 2. All the bonds that are part of the issue are qualified 501(c)(3) bonds, bonds that are not private activity bonds, or private activity bonds issued to finance property to be owned by a governmental unit or a section 501(c)(3) organization. In lieu of rebating any arbitrage that may be owed to the United States, the issuer of a construction issue may make an irrevocable election to pay a penalty. The penalty is equal to 11/2% of the amount of construction proceeds that do not meet certain spending requirements. See section 148(f)(4)(C) and the Instructions for Form 8038 -T. Specific Instructions Part I— Reporting Authority Amended return. An issuer may file an amended return to change or add to the information reported on a previously filed return for the same date of issue. If you are filing to correct errors or change a previously filed return, check the Amended Return box in the heading of the form. The amended return must provide all the information reported on the original return, in addition to the new or corrected information. Attach an explanation of the reason for the amended return and write across the top, "Amended Return Explanation." Failure to attach an explanation may result in a delay in processing the form. Line 1. The issuer's name is the name of the entity issuing the obligations, not the name of the entity receiving the benefit of the financing. For a lease or installment sale, the issuer is the lessee or the purchaser. Line 2. An issuer that does not have an employer identification number (EIN) should apply for one on Form SS-4, Application for Employer Identification Number. You can get this form on the IRS website at IRS.gov or by calling 1- 800 -TAX -FORM (1- 800 -829- 3676). You may receive an EIN by telephone by following the instructions for Form SS-4. Line 3a. If the issuer wishes to authorize a person other than an officer or other employee of the issuer (including a legal representative or paid preparer) to communicate with the IRS and whom the IRS may contact about this return (including in writing or by telephone), enter the name of such person here. The person listed in line 3a must be an individual. Do not enter the name and title of an officer or other employee of the issuer here (use line 10a for that purpose). Note. By authorizing a person other than an authorized officer or other employee of the issuer to communicate with the IRS and whom the IRS may contact about this return, the issuer authorizes the IRS to communicate directly with the individual entered on line 3a and consents to disclose the issuer's return information to that individual, as necessary, to process this return. Lines 4 and 6. If you listed an individual on line 3a to communicate with the IRS and whom the IRS may contact about this return, enter the number and street (or P.O. box if mail is not delivered to street address), city, town, or post office, state, and ZIP code of that person. Otherwise, enter the issuer's number and street (or P.O. box if mail is not delivered to street address), city, town, or post office, state, and ZIP code. Note. The address entered on lines 4 and 6 is the address the IRS will use for all written communications regarding the processing of this return, including any notices. Line S. This line is for IRS use only. Do not make any entries in this box. Line 7. The date of issue is generally the date on which the issuer physically -2- Packet Page -545- 11 /12/2013 11.A. exchanges the bonds that are part of the issue for the underwriter's (or other purchaser's) funds. For a lease or installment sale, enter the date interest starts to accrue in a MM/DD/YYYY format. Line 8. If there is no name of the issue, please provide other identification of the issue. Line 9. Enter the CUSIP (Committee on Uniform Securities Identification Procedures) number of the bond with the latest maturity. If the issue does not have a CUSIP number, write "None." Line 10a. Enter the name and title of the officer or other employee of the issuer whom the IRS may call for more information. If the issuer wishes to designate a person other than an officer or other employee of the issuer (including a legal representative or paid preparer) whom the IRS may call for more information about the return, enter the name, title, and telephone number of such person on lines 3a and 3b. ®Complete lines 10a and 10b even if you complete lines 3a and 3b. Part II —Type of Issue ®Elections referred to in Part 11 are made on the original bond documents, not on this form. Identify the type of obligations issued by entering the corresponding issue price (see Issue price under Definitions earlier). Attach a schedule listing names and EINs of organizations that are to use proceeds of these obligations, if different from those of the issuer, include a brief summary of the use and indicate whether or not such user is a governmental or nongovernmental entity. Line 18. Enter a description of the issue in the space provided. Line 19. If the obligations are short-term tax anticipation notes or warrants (TANs) or short-term revenue anticipation notes or warrants (RANs), check box 19a. If the obligations are short-term bond anticipation notes (BANs), issued with the expectation that they will be refunded with the proceeds of long -term bonds at some future date, check box 19b. Do not check both boxes. Line 20. Check this box if property other than cash is exchanged for the obligation, for example, acquiring a police car, a fire truck, or telephone equipment through a series of monthly payments. (This type of obligation is sometimes referred to as a "municipal lease. ") Also check this box if real property is directly acquired in exchange for an obligation to make periodic payments of interest and principal. Do not check this box if the proceeds of the obligation are received in the form of cash, even if the term "lease" is used in the title of the issue. return should not sign. For example, a regular, full -time employee of the issuer, such as a clerk, secretary, etc., should not sign. Generally, anyone who is paid to prepare a return must sign it and fill in the other blanks in the Paid Preparer Use Only area of the return. The paid preparer must: • Sign the return in the space provided for the preparer's signature (a facsimile signature is acceptable), • Enter the preparer information, and • Give a copy of the return to the issuer. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form varies depending on individual circumstances. The estimated average time is: -4- Packet Page -546- 11 /12/2013 11.A. Learning about the law or 2 hr., 41 min the form ............. Preparing, copying, 3 hr., 3 min assembling, and sending the form to the IRS ...... If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:M:S, 1111 Constitution Ave. NW, IR -6526, Washington, DC 20224. Do not send the form to this office. Instead, see Where To File. Part III— Description of Obligations Line 21. For column (a), the final maturity date is the last date the issuer must redeem the entire issue. For column (b), see Issue price under Definitions earlier. For column (c), the stated redemption price at maturity of the entire issue is the sum of the stated redemption prices at maturity of each bond issued as part of the issue. For a lease or installment sale, write "N /A" in column (c). For column (d), the weighted average maturity is the sum of the products of the issue price of each maturity and the number of years to maturity (determined separately for each maturity and by taking into account mandatory redemptions), divided by the issue price of the entire issue (from line 21, column (b)). For a lease or installment sale, enter instead the total number of years the lease or installment sale will be outstanding. For column (e), the yield, as defined in section 148(h), is the discount rate that when used to compute the present value of all payments of principal and interest to be paid on the obligation, produces an amount equal to the purchase price, including accrued interest. See Regulations section 1.148 -4 for specific rules to compute the yield on an issue. If the issue is a variable rate issue, write "VR" as the yield of the issue. For other than variable rate issues, carry the yield out to four decimal places (for example, 5.3125 %). If the issue is a lease or installment sale, enter the effective rate of interest being paid. Part IV —Uses of Proceeds of Bond Issue For a lease or installment sale, write "N /A" in the space to the right of the title for Part IV. Line 22. Enter the amount of proceeds that will be used to pay interest from the date the bonds are dated to the date of issue. Line 24. Enter the amount of the proceeds that will be used to pay bond issuance costs, including fees for trustees and bond counsel. If no bond proceeds will be used to pay bond issuance costs, enter zero. Do not leave this line blank. Line 25. Enter the amount of the proceeds that will be used to pay fees for credit enhancement that are taken into account in determining the yield on the issue for purposes of section 148(h) (for example, bond insurance premiums and certain fees for letters of credit). Line 26. Enter the amount of proceeds that will be allocated to such a fund. Line 27. Enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds within 90 days of the date of issue. Lfne 28. Enter the amount of the proceeds that will be used to pay principal, interest, or call premium on any other issue of bonds after 90 days of the date of issue, including proceeds that will be used to fund an escrow account for this purpose. Part V— Description of Refunded Bonds Complete this part only if the bonds are to be used to refund a prior issue of tax- exempt bonds. For a lease or installment sale, write "N /A" in the space to the right of the title for Part V. Lines 31 and 32. The remaining weighted average maturity is determined without regard to the refunding. The weighted average maturity is determined in the same manner as on line 21, column (d)• Line 34. If more than a single issue of bonds will be refunded, enter the date of issue of each issue. Enter the date in an MM/DD/YYYY format. Part VI— Miscellaneous Line 35. An allocation of volume cap is required if the nonqualified amount for the issue is more than $15 million but is not more than the amount that would cause the issue to be private activity bonds. Line 36. If any portion of the gross proceeds of the issue is or will be invested in a guaranteed investment contract (GIC), as defined in Regulations section 1.148 -1(b), enter the amount of the gross proceeds so invested, as well as the final maturity date of the GIC and the name of the provider of such contract. Line 37. Enter the amount of the proceeds of this issue used to make a loan to another governmental unit, the interest of which is tax - exempt. Line 38. If the issue is a loan of proceeds from another tax - exempt issue, check the box and enter the date of issue, EIN, and name of issuer of the master pool obligation. . Line 40. Check this box if the issue is a construction issue and an irrevocable election to pay a penalty in lieu of arbitrage rebate has been made on or before the date the bonds were issued. The penalty is payable with a Form 8038 -T for each 6 -month period after the date the bonds are issued. Do not make any payment of penalty in lieu of arbitrage rebate with this form. See Rev. Proc. 92 -22, 1992 -1 C.B. 736 for rules regarding the "election document." Line 41 a. Check this box if the issuer has identified a hedge on its books and records according to Regulations sections 1.148- 4(h)(2)(viii) and 1.148- 4(h)(5) that permit an issuer of tax- exempt bonds to identify a hedge for it to be included in yield calculations for computing arbitrage. Line 42. In determining if the issuer has super- integrated a hedge, apply the rules of Regulations section 1.148- 4(h)(4). If the hedge is super - integrated, check the box. Line 43. If the issuer takes a "deliberate action" after the issue date that causes -3- Packet Page -547- 11 /12/2013 11.A. the conditions of the private business tests or the private loan financing test to be met, then such issue is also an issue of private activity bonds. Regulations section 1.141- 2(d)(3) defines a deliberate action as any action taken by the issuer that is within its control regardless of whether there is intent to violate such tests. Regulations section 1.141 -12 explains the conditions to taking remedial action that prevent an action that causes an issue to meet the private business tests or private loan financing test from being treated as a deliberate action. Check the box if the issuer has established written procedures to ensure timely remedial action for all nonqualified bonds according to Regulations section 1.141 -12 or other remedial actions authorized by the Commissioner under Regulations section 1.141- 12(h). Line 44. Check the box if the issuer has established written procedures to monitor compliance with the arbitrage, yield restriction, and rebate requirements of section 148. Line 45a. Check the box if some part of the proceeds was used to reimburse expenditures. Figure and then enter the amount of proceeds that are used to reimburse the issuer for amounts paid for a qualified purpose prior to the issuance of the bonds. See Regulations section 1.150 -2. Line 45b. An issuer must adopt an official intent to reimburse itself for preissuance expenditures within 60 days after payment of the original expenditure unless excepted by Regulations section 1.150 -2(f). Enter the date the official intent was adopted. See Regulations section 1.150 -2(e) for more information about official intent. Signature and Consent An authorized representative of the issuer must sign Form 8038 -G and any applicable certification. Also print the name and title of the person signing Form 8038 -G. The authorized representative of the issuer signing this form must have the authority to consent to the disclosure of the issuers return information, as necessary to process this return, to the person(s) that have been designated in Form 8038 -G. Note. If the issuer in Part 1, lines 3a and 3b authorizes the IRS to communicate (including in writing and by telephone) with a person other than an officer or other employee of the issuer, by signing this form, the issuer's authorized representative consents to the disclosure of the issuers return information, as necessary to process this return, to such person. Paid Preparer If an authorized officer of the issuer filled in this return, the paid preparer's space should remain blank. Anyone who prepares the return but does not charge the organization should not sign the return. Certain others who prepare the 11/12/2013 11.A. ESCROW AGREEMENT THis ESCROW AGREEMENT ( "Escrow Agreement) is made as of November 30, 2013 by and among U.S. Bancorp Government Leasing and Finance, Inc. ( "Lessor"), Collier County ( "Lessee's and U.S. BANK NATIONAL ASSOCIATION, as escrow agent ( "Escrow Agent'. Lessor and Lessee have heretofore entered into that certain Master Tax - Exempt Lease /Purchase Agreement dated as of November 30, 2013 (the "Master Agreement's and a Property Schedule No. 1 thereto dated November 30, 2013 (the "Schedule" and, together with the terms and conditions of the Agreement incorporated therein, the "Agreement'. The Schedule contemplates that certain personal property described therein (the "Equipment') is to be acquired from the vendor(s) or manufacturer(s) thereof (the "Vendor). After acceptance of the Equipment by Lessee, the Equipment is to be financed by Lessor to Lessee pursuant to the terms of the Agreement. The Master Agreement further contemplates that Lessor will deposit an amount equal to the anticipated aggregate acquisition cost of the Equipment (the "Purchase Price', being $1,479,985.25, with Escrow Agent to be held in escrow and applied on the express terms set forth herein. Such deposit, together with all interest and other additions received with respect thereto (hereinafter the "Escrow Fund's is to be applied to pay the Vendor its invoice cost (a portion of which may, if required, be paid prior to final acceptance of the Equipment by Lessee); and, if applicable, to reimburse Lessee for progress payments already made by it to the Vendor of the Equipment. The parties desire to set forth the terms on which the Escrow Fund is to be created and to establish the rights and responsibilities of the parties hereto. Now, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Escrow Agent hereby agrees to serve as escrow agent upon the terms and conditions set forth herein. The moneys and investments held in the Escrow Fund are irrevocably held in trust for the benefit of Lessee and Lessor, and such moneys, together with any income or interest earned thereon, shall be expended only as provided in this Escrow Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of either Lessee or Lessor. Lessor, Lessee and Escrow Agent intend that the Escrow Fund constitute an escrow account in which Lessee has no legal or equitable right, title or interest until satisfaction in full of all conditions contained herein for the disbursement of funds by the Escrow Agent therefrom. However, if the parties' intention that Lessee shall have no legal or equitable right, title or interest until all conditions for disbursement are satisfied in full is not respected in any legal proceeding, the parties hereto intend that Lessor have a security interest in the Escrow Fund, and such security interest is hereby granted by Lessee to secure payment of all sums due to Lessor under the Master Agreement. For such purpose, Escrow Agent hereby agrees to act as agent for Lessor in connection with the perfection of such security interest and agrees to note, or cause to be noted, on all books and records relating to the Escrow Fund, the Lessor's interest therein. 2. On such day as is determined to the mutual satisfaction of the parties (the "Closing Date"j, Lessor shall deposit with Escrow Agent cash in the amount of the Purchase Price, to be held in escrow by Escrow Agent on the express terms and conditions set forth herein. On the Closing Date, Escrow Agent agrees to accept the deposit of the Purchase Price by Lessor, and further agrees to hold the amount so deposited together with all interest and other additions received with respect thereto, as the Escrow Fund hereunder, in escrow on the express terms and conditions set forth herein. 3. Escrow Agent shall at all times segregate the Escrow Fund into an account maintained for that express purpose, which shall be clearly identified on the books and records of Escrow Agent as being held in its capacity as Escrow Agent. Securities and other negotiable instruments comprising the CA Packet Page-548- /0—\ 11 /12/2013 11.A. Escrow Fund from time to time shall be held or registered in the name of Escrow Agent (or its nominee). The Escrow Fund shall not, to the extent permitted by applicable law, be subject to levy or attachment or lien by or for the benefit of any creditor of any of the parties hereto (except with respect to the security interest therein held by Lessor). 4. The cash comprising the Escrow Fund from time to time shall be invested and reinvested by Escrow Agent in one or more investments as directed by Lessee. Absent written direction from Lessee, the cash will be invested in the U.S. Bank National Association Money Market Deposit Fund. See Exhibit 1 Investment Direction Letter. Lessee represents and warrants to Escrow Agent and Lessor that the investments selected by Lessee for investment of the Escrow Fund are permitted investments for Lessee under all applicable laws. Escrow Agent will use due diligence to collect amounts payable under a check or other instrument for the payment of money comprising the Escrow Fund and shall promptly notify Lessee and Lessor in the event of dishonor of payment under any such check or other instruments. Interest or other amounts earned and received by Escrow Agent with respect to the Escrow Fund shall be deposited in and comprise a part of the Escrow Fund. Escrow Agent shall maintain accounting records sufficient to permit calculation of the income on investments and interest earned on deposit of amounts held in the Escrow Fund. The parties acknowledge that to the extent regulations of the Comptroller of Currency or other applicable regulatory entity grant a right to receive brokerage confirmations of security transactions of the escrow, the parties waive receipt of such confirmations, to the extent permitted by law. The Escrow Agent shall furnish. a statement of security transactions on its regular monthly reports. Attached as Exhibit 6 is the Class Action Negative Consent Letter to be reviewed by Lessee. 5. Upon request by Lessee and Lessor, Escrow Agent shall send monthly statements of account to Lessee and Lessor, which statements shall set forth all withdrawals from and interest earnings on the Escrow Fund as well as the investments in which the Escrow Fund is invested. 6. Escrow Agent shall take the following actions with respect to the Escrow Fund: (a) Upon Escrow Agent's acceptance of the deposit of the Purchase Price, an amount equal to Escrow Agent's set -up fee, as set forth on Exhibit 2 hereto, shall be disbursed from the Escrow Fund to Escrow Agent in payment of such fee. (b) Escrow Agent shall pay costs of the Equipment upon receipt of a duly executed Requisition Request (substantially in the format of Exhibit 3) signed by Lessor and Lessee. Lessor's authorized signatures are provided in Exhibit 5. Lessee's authorized signatures will be provided in Exhibit 3 of Master Lease Purchase Agreement. Escrow Agent will use best efforts to process requests for payment within one (1) business day of receipt of requisitions received prior to 2:00 p.m. Central Time. The final Requisition shall be accompanied by a duly executed Acceptance Certificate form attached as Exhibit 4 hereto. (c) Upon receipt by Escrow Agent of written notice from Lessor that an Event of Default or an Event of Nonappropriation (if provided for under the Master Agreement) has occurred under the Agreement, all funds then on deposit in the Escrow Fund shall be paid to Lessor for application in accordance with the Master Agreement, and this Escrow Agreement shall terminate. (d) Upon receipt by Escrow Agent of written notice from Lessor that the purchase price of the Equipment has been paid in full, Escrow Agent shall pay the funds then on deposit in the Escrow Fund to Lessor to be applied first to the next Lease Payment due under the Master Agreement, and second, to prepayment of the principal component of Lease Payments in inverse order of maturity without premium. To the extent the Agreement is not subject to prepayment, Lessor consents to such prepayment to the extent of such prepayment amount from the Escrow Fund. Upon disbursement of all amounts in the Escrow Fund, this Escrow Agreement shall terminate. Packet Page -549- Eels 11 /12/2013 11.A. (e) This Escrow Agreement shall terminate eighteen (18) months from the date of this Escrow Agreement. It may, however, be extended by mutual consent of Lessee and Lessor in writing to Escrow Agent. All funds on deposit in the Escrow Fund at the time of termination under this paragraph, unless otherwise directed by Lessee in writing (electronic means acceptable), shall be transferred to Lessor. 7. The fees and expenses, including any legal fees, of Escrow Agent incurred in connection herewith shall be the responsibility of Lessee. The basic fees and expenses of Escrow Agent shall be as set forth on Exhibit 2 and Escrow Agent is hereby authorized to deduct such fees and expenses from the Escrow Fund as and when the same are incurred without any further authorization from Lessee or Lessor. Escrow Agent may employ legal counsel and other experts as it deems necessary for advice in connection with its obligations hereunder. Escrow Agent waives any claim against Lessor with respect to compensation hereunder. B. Escrow Agent shall have no liability for acting upon any written instruction presented by Lessor in connection with this Escrow Agreement, which Escrow Agent in good faith believes to be genuine. Furthermore, Escrow Agent shall not be liable for any act or omission in connection with this Escrow Agreement except for its own negligence, willful misconduct or bad faith. Escrow Agent shall not be liable for any loss or diminution in value of the Escrow Fund as a result of the investments made by Escrow Agent. 9. Escrow Agent may resign at any time by giving thirty (30) days' prior written notice to Lessor and Lessee. Lessor may at any time remove Escrow Agent as Escrow Agent under this Escrow Agreement upon written notice. Such removal or resignation shall be effective on the date set forth in the applicable notice. Upon the effective date of resignation or removal, Escrow Agent will transfer the Escrow Fund to the successor Escrow Agent selected by Lessor. 10. Lessee hereby represents, covenants and warrants that pursuant to Treasury Regulations Section 1.148 -7(d), the gross proceeds of the Agreement will be expended for the governmental purposes for which the Agreement was entered into, as follows: at least 15% within six months after the Commencement Date, such date being the date of deposit of funds into the Escrow Fund, at least 60 % within 12 months after the Commencement Date, and 100% within 18 months after the Commencement Date. If Lessee is unable to comply with Section 1.148 -7(d) of the Treasury Regulations, Lessee shall, at its sole expense and cost, compute rebatable arbitrage on the Agreement and pay rebatable arbitrage to the United States at least once every five years, and within 60 days after payment of the final rental or Lease Payment due under the Agreement. 11. In the event of any disagreement between the undersigned or any of them, and /or any other person, resulting in adverse claims and demands being made in connection with or for any moneys involved herein or affected hereby, Escrow Agent shall be entitled at its option to refuse to comply with any such claim or demand, so long as such disagreement shall continue, and in so refusing Escrow Agent may refrain from making any delivery or other disposition of any moneys involved herein or affected hereby and in so doing Escrow Agent shall not be or become liable to the undersigned or any of them or to any person or party for its failure or refusal to comply with such conflicting or adverse demands, and Escrow Agent shall be entitled to continue so to refrain and refuse so to act until: (a) the rights of the adverse claimants have been finally adjudicated in a court assuming and having jurisdiction of the parties and the moneys involved herein or affected hereby; or (b) all differences shall have been adjusted by Master Agreement and Escrow Agent shall have been notified thereof in writing signed by all of the persons interested. 12. All notices (excluding billings and communications in the ordinary course of business) hereunder shall be in writing, and shall be sufficiently given and served upon the other party if delivered (a) personally, (b) by United States registered or certified mail, return receipt requested, postage prepaid, (c) by an overnight delivery by a service such as Federal Express or Express Mail from which written CA Packet Page -550- ,,-IN. 11/12/201311.A. confirmation of overnight delivery is available, or (d) by facsimile with a confirmation copy by regular United States mail, postage prepaid, addressed to the other party at its respective address stated below the signature of such party or at such other address as such party shall from time to time designate in writing to the other party, and shall be effective from the date of mailing. 13. This Escrow Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. No rights or obligations of Escrow Agent under this Escrow Agreement may be assigned without the prior written consent of Lessor. 14. This Escrow Agreement shall be governed by and construed in accordance with the laws in the state of the Escrow Agent's location. This Escrow Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof, and no waiver, consent, modification or change of terms hereof shall bind any party unless in writing signed by all parties. 15. This Escrow Agreement and any written direction may be executed in two or more counterparts, which when so executed shall constitute one and the same agreement or direction. IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be duly executed as of the day and year first above set forth. Approved as to form and legality Assistant County Attorney U.S. Bancorp Government Leasing and Finance, Inc., as Lessor B: Name: Title: Address: 13010 SW 6e Parkway, Suite 100 Portland, OR 97223 Collier County, as Lessee B: Name: Georgia A. Hiller, Esq. Chairwoman Title: Address: 3299 Tamiami Trail Naples, FL 34112 U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent B: Name: Title: Address: U.S. Bank National Association 950 17"' Street, 12"" Floor Denver, CO 80202 ?0-111 per, v �a DI'ViGHT E- BROOK, i+s=8rK ice} CA Packet Page -551- EXHIBIT 1 INVESTMENT DIRECTION LETTER U.S. Bank National Association 950 17th Street, 12th Floor Denver, CO 80202 11 /12/2013 11.A. Re: Escrow Agreement dated as of November 30, 2013, U.S. Bancorp Government Leasing and Finance, Inc. as Lessor, Collier County as Lessee, and U.S Bank National Association as Escrow Agent Ladies and Gentlemen: Pursuant to the above - referenced Escrow Agreement, $1,479,985.25 will be deposited in escrow with you on or about November 30, 2013. Such funds shall be invested in one or more of the following qualified investments in the amounts indicated: U,S. Bank Money Market Deposit Account Agent is hereby directed to deposit and invest funds in the U.S. Bank Money Market Deposit Savings Account. Depositors acknowledge that the U. S. Bank Money Market Deposit Account is a U. S. Bank National Association ( "U.S. Bank ") interest - bearing money market deposit account designed to meet the needs of U.S. Bank's Corporate Trust Services Escrow Group and other Corporate Trust customers of U.S. Bank. Selection of this investment includes authorization to place funds on deposit with U.S. Bank. U. S. Bank uses the daily balance method to calculate interest on this account (actual /365 or 366). This method applies a daily periodic rate to the principal balance in the account each day. Interest is accrued daily and credited monthly to the account. Interest rates currently offered on the accounts are determined at U. S. Bank's discretion and may be tiered by customer deposit amount. The owner of the accounts is U. S. Bank as Agent for its trust customers. U.S. Bank's trust department performs all account deposits and withdrawals. Each customer's deposit is insured by the Federal Deposit Insurance Corporation as determined under FDIC Regulations, up to applicable FDIC limits. Any and all interest earned on the Assets after the deposit shall be added to the Assets and shall become a part thereof. Agent shall thereafter hold, maintain and utilize the Assets pursuant to the terms and conditions of this Agreement. Depositors shall provide Agent with a W -9 or original W -8 IRS tax form prior to the disbursement of interest and Agent will file the appropriate 1099 or other required forms pursuant to Federal and Florida laws. A statement of citizenship will be provided if requested by Agent. Agent shall not be responsible for maximizing the yield on the Assets. Agent shall not be liable for losses, penalties or charges incurred upon any sale or purchase of any such investment. c 6 _ L. I-.;. `T BROC€�., C,a� % Very truly yours, Collier County, as Lessee By: Name: Georgia A. Hiller, Esq. Chairwoman Title: 6�Approved as to form and legality Assistant County Attorney CA Packet Page -552- 11 /12/2013 11.A. EXHIBIT 2 Schedule of Fees for Services as Escrow Agent For Collier County Equipment Lease Purchase Escrow CTS01010A Acceptance Fee The acceptance fee includes the administrative review of WAIVED documents, initial set -up of the account, and other reasonably required services up to and including the closing. This is a one -time, non - refundable fee, payable at closing. CTSO4460 Escrow Agent Annual fee for the standard escrow agent services WAIVED associated with the administration of the account. Administration fees are payable in advance. Direct Out of Pocket Expenses Reimbursement of expenses associated At Cost with the performance of our duties, including but not limited to publications, legal counsel after the initial close, travel expenses and filing fees. Extraordinary Services Extraordinary Services are duties or responsibilities of an unusual nature, including termination, but not provided for in the governing documents or otherwise set forth in this schedule. A reasonable charge will be assessed based on the nature of the services and the responsibility involved. At our option, these charges will be billed at a flat n fee or at our hourly rate then in effect. /11� Account approval is subject to review and qualification. Fees are subject to change at our discretion and upon written notice. Fees paid in advance will not be prorated. The fees set forth above and any subsequent modifications thereof are part of your agreement. Finalization of the transaction constitutes agreement to the above fee schedule, including agreement to any subsequent changes upon proper written notice. In the event your transaction is not finalized, any related out -of- pocket expenses will be billed to you directly. Absent your written instructions to sweep or otherwise invest, all sums in your account will remain uninvested and no accrued interest or other compensation will be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set forth. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non- individual person such as a business entity, a charity, a Trust or other legal entity we will ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. CA Packet Page -553- 11 /12/2013 11.A. EXHIBIT 3 REQUISITION REQUEST The Escrow Agent is hereby requested to pay from the Escrow Fund established and maintained under that certain Escrow Agreement dated as of November 30, 2013 (the "Escrow Agreement') by and among U.S. Bancorp Government Leasing and Finance, Inca (the 'Lessor), Collier County (the "Lesseel, and U.S. Bank National Association (the "Escrow Agent', the amount set forth below to the named payee(s). The amount shown is due and payable under a purchase order or contract (or has been paid by and not previously reimbursed to Lessee) with respect to equipment being financed under that certain Master Tax - Exempt Lease Purchase Agreement dated as of November 30, 2013 (the "Master Agreement') and Property Schedule No. 1 thereto dated November 30, 2013 (the "Schedule" and, together with the terms and conditions of the Master Agreement incorporated therein, the "Master Agreement"), by and between the Lessor and the Lessee, and has not formed the basis of any prior requisition request. PAYEE AMOUNT INVOICE NO. EQUIPMENT Total requisition amount $ The undersigned, as Lessee under the Master Agreement, hereby certifies: 1. The items of the Equipment being acquired with the proceeds of this disbursement have been delivered and installed at the location(s) contemplated by the Master Agreement. The Lessee has conducted such inspection and /or testing of the Equipment being acquired with the proceeds of this disbursement as it deems necessary and appropriate, and such Equipment has been accepted by Lessee. 2. The costs of the Equipment to be paid from the proceeds of this disbursement have been properly incurred, are a proper charge against the Escrow Fund and have not been the basis of any previous disbursement. 3. No part of the disbursement requested hereby will be used to pay for materials not yet incorporated into the Equipment or for services not yet performed in connection therewith. 4. The Equipment is covered by insurance in the types and amounts required by the Agreement. 5. No Event of Default or Event of Nonappropriation (if applicable), as each such term is defined in the Master Agreement, and no event which with the giving of notice or lapse of time, or both, would become such an Event of Default or Event of Nonappropriation has occurred and is continuing on the date hereof. 6. If Lessee paid an invoice prior to the commencement date of the Master Agreement, and is requesting reimbursement for such payment, Lessee has satisfied the requirements for reimbursement set forth in Treas. Reg. §1.150 -2. Request Date: Lessor: U.S. Bancorp Government Leasing and Finance, Inc. Name: Title: W-Anistant County Attorney Lessee: Collier County Georgia A. Hiller, Esq. Chairwoman Title: m 77 rs D ay 3:'.T E. BROC , C;er M Packet Page -554- CA. ,--1 11/12/2013 11.A. Exhibit 4 Acceptance Certificate U.S. Bancorp Government Leasing and Finance, Inc. 13010 SW 68th Parkway, Suite 100 Portland, OR 97223 Re: Property Schedule No. 1 to Master Tax - Exempt Lease /Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and Collier County Ladies and Gentlemen: In accordance with the above - referenced Master Tax- Exempt Lease /Purchase Agreement (the "Master Agreement "), the undersigned ( "Lessee ") hereby certifies and represents to, and agrees with, U.S. Bancorp Government Leasing and Finance, Inc. ( "Lessor'), as follows: (1) The Property, as such terms are defined in the above - referenced Property Schedule, has been acquired, made, delivered, installed and accepted on the date indicated below. (2) Lessee has conducted such inspection and /or testing of the Property as it deems necessary and appropriate and hereby acknowledges that it accepts the Property for all purposes. (3) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default or a Nonappropriation Event (as such terms are defined in the Master Agreement) exists at the date hereof. Acceptance Date: Lessee: Collier County Title: Georgia A. Hiller, Esq. Chairwoman Approved as to form and legality n, 0 Assistant County Attorney CA Packet Page -555- 11 /12/2013 11.A. Exhibit 6 Class Action Negative Consent Letter November 30, 2013 Collier County 3299 Tamiami Trail Naples, FL 34112 RE: USBGLF /Collier County - - Class Action Litigation Claims Dear Artie Bay: U.S. Bank National Association ( "U.S. Bank ") has established its policies and procedures relative to class action litigation claims filed on behalf of its clients' accounts. This policy may impact future claims filed by U.S. Bank on behalf of the above - referenced account. Listed below are the policies regarding class action litigation claims: 1. U.S. Bank will file class action litigation claims, at no charge, on behalf of open, eligible agency or custody accounts upon receipt of proper documented authorization. This notice, with your ability to opt out as further described below, constitutes such documented authorization. 2. U.S. Bank will not file claims for agency or custody accounts that were open during the class action period but were closed prior to receipt of any notice of the class action litigation. 3. Assuming requisite information is provided by the payor to identify the applicable account, settlement proceeds of the class action litigation will be posted within a reasonable time following receipt of such proceeds to the entitled accounts that are open at such time. If entitled accounts are closed prior to distribution and receipt of settlement proceeds, they will be remitted to entitled beneficiaries or successors of the account net of any research and filing fees. Proceeds, less any research and filing fees, will be escheated if the entitled beneficiaries or successors of the account cannot be identified /located. If you wish U.S. Bank to continue to file class action litigation proofs of claim on behalf of your account, you do not need to take any further action. However, if you do not wish U.S. Bank to file class action proofs of claim on behalf of your account, you may notify us of this election by returning this letter with your signature and date provided below within 30 days or by filing a separate authorization letter with your Account Manager by the same date. The authorization and understanding contained in this communication constitutes an amendment of any applicable provisions of the account document for the above- referenced account. If you have any questions, please contact me at the below number. Sincerely, Gretchen Middents Vice President 303 - 585 -4596 ❑ No, U.S. Bank is not authorized to file class action litigation proofs of claim on behalf of the above - referenced account(s). By making this election, I acknowledge that U.S. Bank is not responsible for forwarding notices received on class action or litigation claims. Authorized Signer Date GA Packet Page -556- 11 /12/2013 11.A. n1bancorp. FIRST PAYMENT INVOICE Government Leasing and Finance, Inc. PLEASE RETURN THIS PORTION WITH YOUR PAYMENT SCHEDULE NUMBER: 077 - 0019328 -001 DUE DATE: November 30, 2013 CREATE DATE: October 22, 2013 AMOUNT DUE: $257,980.71 Collier County U.S. Bancorp Government Leasing and Finance, Inc. 3299 Tamiami Trail ATTN: Francine Neville Naples, FL 34112 95017'h Street, 7h Floor Attention: Accounts Payable Dept. Denver, CO 80202 Customer Phone Number. 239 - 252 -3756 » » »» PLEASE RETAIN THIS PORTION FOR YOUR RECORDS « « «« Please send first payment to the address above. All subsequent payments MUST be sent to this address: U.S. Bancorp Government Leasing and Finance, Inc. PO BOX 959067 ST. LOUIS, MO 63195 -9067 U.S. Bancorp Government Leasing and Finance, Inc. ACCOUNT: 077 - 0019328 -001 ATTN: Francine Neville AMOUNT DUE: $257,980.71 950 17'h Street, 7h Floor DUE DATE: November 30, 2013 Denver, CO 80202 CREATE DATE: October 22, 2013 QUESTIONS? PLEASE CALL (303 -585 -4077) INVOICE SUMMARY Current Charges [Payment #1) $257,980.71 Total Due $257,980.71 TOTAL AMOUNT DUE THIS INVOICE MUST BE PAID IN ORDER TO FUND Packet Page -557- CA Form Ww9 (Rev. December 2011) Department of the Treasury Internal Revenue Service N d C) R a c 0 N CL 0 o � L N Z C ac y0 C y am d Name 11 /12/2013 11.A. Request for Taxpayer Give Form to the ter. Do not s � Identification Number and Certification send requester. the IRS. on your income tax return) business nameioisregaroed entity name, if Check appropriate box for federal tax classification: ❑ Individual /sole proprietor ❑ C Corporation aoove ❑ S Corporation ❑ Partnership ❑ Trust/estate ❑ Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership) ► Other (see instructions) ► ms (number, street, and apt. or City, state, and ZIP code List account numbers) here (optional) Requester's name Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a -FT TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number to enter. III I I Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and Exempt payee 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W -9 (Rev. 12 -2011) Packet Page -558- 10—\ 11/12/2013 11.A. Form W -9 (Rev. 12 -2011) Page 2 �\ The person who gives Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. if you are a foreign person, do not use Form W -9. Instead, use the appropriate Form W -8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W -9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. ^ Example. Article 20 of the U.S. -China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S. -China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W -9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W -8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called "backup withholding." Payments that may, be subject to backup withholding include interest, tax - exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if- 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W -9. Also see Special rules for partnerships on page 1. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. in addition, you must furnish a new Form W -9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to apenalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and than circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name /disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name" line and any business, trade, or "doing business as (DBA) name" on the "Business name /disregarded entity name" line. Disregarded entity. Enter the owner's name on the "Name" line. The name of the entity entered on the "Name" line should never be a disregarded entity. The name on the "Name" line must be the name shown on the income tax return on which the income will be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner's name is required to be provided on the "Name" line. if the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "Business name/disregarded entity name" line. If the owner of the disregarded entity is a foreign person, you must complete an appropriate Form W -8. Note. Check the appropriate box for the federal tax classification of the person whose name is entered on the "Name" line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the "Name" line is an LLC, check the "Limited liability company" box only and enter the appropriate code for the tax classification in the space provided. If you are an LLC that is treated as a partnership for federal tax purposes, enter "P" for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for C corporation or "S" for S corporation. if you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701 -3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the "Name" line) is another LLC that is not disregarded for federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the "Name" line. Packet Page -559- 11/12/2013 11.A. Form W -9 (Rev. 12 -2011) Page $ Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name/ disregarded entity name" line. Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box in the line following the "Business name/ disregarded entity name," sign and date the form. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees 1 through 5 and 7 through 13. Also, C corporations. Barter exchange transactions and Exempt payees 1 through 5 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 7' $5,000' 'See Form 1099 -MISC, Miscellaneous Income, and its instructions. 'However, the following payments made to a corporation and reportable on Form 1099 -MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attomey, and payments for services paid by a federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an [TIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single- member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1 -800- 772 -1213. Use Form W -7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www3rs.gov /businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W -7 and SS -4 from the IRS by visiting 1RS.gov or by calling 1 -800 -TAX -FORM (1- 800 - 829 - 3676). If you are asked to complete Form W -9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W -8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W -9. You may be requested to sign by the withholding agent even if item 1, below, and items 4 and 5 on page 4 indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on the "Name" line must sign. Exempt payees, see Exempt Payee on page 3. Signature requirements. Complete the certification as indicated in items 1 through 3, below, and items 4 and 5 on page 4. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. Packet Page -560- 11 /12/2013 11.A. Form W -9 (Rev. 12 -2011) Page 4 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or, account) if combined funds, the first individual on the account ' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor - trustee' trust (grantor is also trustee) b. So- called trust account that is The actual owner not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulation section 1.671- 4(b)(2)(1)(A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi - member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.6714(b)(2)(1)(B)) Ust first and circle the name of the person whose number you tumish. if only one person on a joint account has an SSN, that person's number must be furnished. P Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or "SBA" name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (f you have one), but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. *Note. Grantor also must provide a Form W -9 to trustee of trust. Privacy Act Notice Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1- 800 - 908 -4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1 -877- 777 -4778 or TTY/'TDD 1 -800- 829 -4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1 -800 -366 -4484. You can forward suspicious emails to the Federal Trade Commission at: Spam @uce.gov or contact them at www.Rc.goviiialtheff or 1- 877- IDTHEFT (1- 877 - 438 - 4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid: the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Packet Page -561- `catzt !k 11 /12/2013 11.A. Office of the County Attorney Jeffrey A. Klatzkow Deputy County Attorney - Scott R Teach Managing Assistant County Attorney a Heidi F. Ashton- Cicko* *emdcatirmd city, county and Local Gov rneot Law Assistant County Attorneys • JenniferA. Belpedio Colleen M. Greene Kevin L Noell Emily F- Pepin Scott A. Stone October 25, 2013 U.S. Bancorp Government Leasing and Collier County Finance, Inc. 3327 Tamiami Trail 13010 SW 68"i Parkway, Suite 100 Naples, FL 34112 Portland, OR 97223 Attn: Kelsey Ward, Contracts Manager RE: Property Schedule No. 1 to Master Tax- Exempt Lease/Purchase Agreement between U.S. Bancorp Government Leasing and Finance, Inc. and Collier County Ladies and Gentlemen: As the County Attorney's Office, we represent the Collier County Board of County Commissioners, ( "Lessee "), in connection with the Master Tax - Exempt Lease/Purchase Agreement, dated as of November 12, 2013 (the "Master Agreement "), between Collier County, as lessee, and U.S. Bancorp Government Leasing and Finance, Inc. as lessor ( "Lessor "), and the execution of Property Schedule No. 1 (the "Property Schedule ") pursuant to the Master Agreement. We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. 10–N All capitalized terms not otherwise defined herein shall have the meanings provided in the Master Agreement and Property Schedule. As to questions of fact material to our opinion, we have relied upon the representations of Lessee in the Master Agreement and the Property Schedule and in the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion that, under existing law: 1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power. 2. Lessee has all requisite power and authority to enter into the Master Agreement and the Property Schedule and to perform its obligations thereunder. 3. The execution, delivery and performance of the Master Agreement and the Property Schedule by Lessee has been duly authorized by all necessary action on the part of Lessee. 4. All proceedings of Lessee and its governing body relating to the authorization and approval of the Master Agreement and the Property Schedule, the execution thereof and the transactions contemplated 1—N 3299 Fast Tamiami Trail, Suite 800 • Naples Florida 34112 -5744 • (239) 252-8400 • FAX: (239) 252 -6300 Packet Page -562 - 11 /12/2013 11.A. U.S. Bancorp Government Leasing and Finance, Inc. Artie Bay October 25, 2013 Page 2 thereby have been conducted in accordance with all applicable open meeting laws and all other applicable state and federal laws. 5. Lessee has acquired or has arranged for the acquisition of the Property subject to the Property Schedule, and has entered into the Master Agreement and the Property Schedule, in compliance with all applicable public bidding laws. 6. Lessee has obtained all consents and approvals of other governmental authorities or agencies which may be required for the execution, delivery and performance by Lessee of the Master Agreement and the Property Schedule. 7. The Master Agreement and the Property Schedule have been duly executed and delivered by Lessee and constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with the terms thereof, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other laws of equitable principles of general application, or of application to municipalities or political subdivisions such as the Lessee, affecting remedies or creditors' rights generally, and to the exercise of judicial discretion in appropriate cases. 8. As of the date hereof, based on such inquiry and investigation as we have deemed sufficient, no litigation is pending, (or, to our knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement or the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Master Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Master Agreement and the Property Schedule. This opinion may be relied upon by Lessor, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Property Schedule. Very truly yours, Colleen M. Greene Assistant County Attorney ^• CMG/kc 05-COA -01260/339 3299 East Tamiami Trail, Suite Soo • Naples Florida 84112 -4402 • (239) 252 -8400 • FAX: (239) 252 -6300 Packet Page -563- 11/12/2013 11.A. CERTIFICATE OF LIABILITY INSURANCE 10/25/13 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 , i REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 239 - 649 -1444 Insurance and Risk Management 239 -649 -7933 Services, Inc. 8950 Fontana Del Sol Way #200 Naples, FL 34109 -4374 CONTACT NAME: PHONE FAX Ext : A/C No): ADDRESS: LIMBS William H. Kuhlman, CPCU, ARM INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Princeton Excess & Surplus 10766 INSURED Collier County Government Risk Management Department 3311 Tamiami Trail East, #D INSURER B: Underwriters at Lloyds PREMISES Ea occurrence Midwest Employers Casualty Co INSURER C: 23612 INSURER D: X Naples, FL 34112 INSURER E: 10/01/13 10/01114 INSURER F: $ 1,00 PERSONAL & ADV INJURY COVERAGES CERTIFICATE NUMBER: 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. IL7R TYPE OF INSURANCE A UBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMIDD LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 5,000,00 PREMISES Ea occurrence $ Included • X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR X 64A3EX000001510 10/01/13 10/01114 MED EXP (Any one person) $ 1,00 PERSONAL & ADV INJURY $ Included • X Professional Liab SIR $300,000 PER OCC 10/01113 10101/14 GENERAL AGGREGATE $ 5,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 5,000,000 POLICY X PRO 7 LOG Prof. $ 5,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 5,000,00 X BODILY INJURY (Per person) $ • ANY AUTO X 64A3EX000001510 10/01/13 10/01/14 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS X AUTOS X $ SIR PER OC 300,000 UMBRELLA L1AB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEY /N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N/A EWC008555 SIR $600,000 10101113 10/01/14 STATU- OTH- X T WC RY LIMIT ER E.L. EACH ACCIDENT $ 3,000,00 E.L. DISEASE - EA EMPLOYEd $ 3,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 3,000,00 B Property N13NA01740 04/01/13 04/01/14 Primary 25,000,00 5% Wind & Hall Ded REPLACEMENT COST /SPECIAL AOP Ded. 50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Self Insured Retention included within limits of liability. Nothing in this certificate shall constitute a waiver of the sovereign immunity provision of the Florida Statute 768.28. Certificate holder is listed as Additional Insured as respects General Liability and Auto Liability. Certificate holder is listed and Loss Payee. USBANK6 U.S. Bankcorp Government Leasing and Finance, Inc. Attn: Francine Neville 13010 SW 68th Parkway, Ste 100 Portland, OR 97223 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. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name Packet Page -564 -1 marks of ACORD ..1