Resolution 407-1989
Janes R. Paros, ACA
Division of Public Safety
RESOLUl'ION NO. 407 -1989
A RESOLtJrION OF THE OOARD OF GOVERNORS OF THE ICMER
AND MIIDLE KEYS FIRE AND AMBULANCE DISTRICl' OF ~E
COWTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO EKEOJl'E
AN CCNl'RACl' AGREEMENT BE'IWEEN PHYSIO a:Nl'ROL CORP. AND
THE roWER AND MIDDLE KEYS FIRE AND AMBUI:..A!\CE DISTRICl'
IN THE AM:XJNT OF $6,030. 00 ~G MAINTENANCE OF
BIG1EDICAL EQUIFMENT
BE IT RESOLVED BY THE OOARD OF GOVERNORS OF THE IDWER AND MIDDLE KEYS
FIRE AND AMBULANCE DISTRICl' OF ~E caJNTY, FLORIDA, that the Chainnan
of the Lower and Middle Keys Fire and Arrbu1ance District is hereby
authorized to execute a Contract Agreenent between Physio Control Corp.and
Monroe County, copies of same being attached hereto, concerning the
maintenance of biaredical a:}Uipnent.
PASSED AND ADOPTED by the Board of Govemors of the IDwer and Middle
Keys Fire and Arrbulance District of M:mroe County, Florida, at a
meeting of said Board held on the ~4tlJ day of ~, A.D.
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BOARD OF GOVERNORS OF THE
lOWER AND MIDDLE KEYS FIRE AND
~ DISTRICl' OF ~E
C<XJNTY, FIDRIDA
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By ////~4I/~
Chainnan
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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Approved as to fonn and legal
sufficiency.
CONTRACT
THIS AGREEMENT, made and entered into this day of
1989 A. D., by and between the Board of Governors, Monroe County
Florida, behalf of the Lower and Middle Keys Fire & Ambulance Taxing
District No. 1 hereinafter "DISTRICT" and Physio Control Corporation,
hereinafter "CONTRACTOR".
WITNESSES: That the parties hereto, for the consideration
hereinafter set forth, mutually agree as follows:
I. SCOPE OF THE WORK
A. The CONTRACTOR shall furnish all labor, materials, equipment,
machinery, tools, apparatus, and transportation and perform
all other work as described in the Specification, Request for
Proposal, as attached, and as described in proposal as
furnished by the CONTRACTOR.
II. CONTRACT SUM
A. The DISTRICT shall pay to the CONTRACTOR for the faithful
performance of the Contract, in lawful money of the United
States, and subject to additions and deductions as provided in
the Contract Documents.
B. Based upon the price shown in the Proposal herewith submitted
to the DISTRICT by the CONTRACTOR, a copy of the Proposal
being a part of these Contract Documents, the aggregate amount
of this Contract in the sum of Six thousand thirty dollars
($6,030.00).
III. CONTRACT TERM
A. The contract shall commence on April 1, 1989 and expire on
September 30, 1990.
IV. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The CONTRACTOR has carefully examined the conditions of the
site/equipment and has made sufficient investigation to fully
satisfy himself that such site/equipment is a correct and
suitable one for this work, and he assumes full responsibility
therefor. The CONTRACTOR understands all provisions of this
Contract and of the Specifications and agrees to their
sufficiency for the work to be done. Under no circumstances,
conditions or situations shall this Contract be more strongly
construed against the DISTRICT than against the CONTRACTOR.
B. Any ambiguity or uncertainty in the Request for Proposal,
drawings or specifications shall be interpreted and construed
by the DISTRICT, and the decision shall be final and binding
upon all parties.
C. The approval of any part of the work or material by the
DISTRICT, or by its agent, as being in compliance with the
terms of this Contract, or the Request for Proposal, drawings
and specifications, shall not operate as a waiver by the
DISTRICT of strict compliance with the terms of any other
part of this Contract, Drawings or Specifications.
D. The DISTRICT may require the CONTRACTOR to repair or replace
part or all of the work or materials which within a period of
one year after the date of the acceptance of any such work or
material, are found to be defective or to fail in any way.
This provision shall not apply to materials or equipment
normally expected to deteriorate or wear out and become
subject to normal repair and replacement within one year. The
CONTRACTOR shall be liable to the DISTRICT for all damage,
loss, and expense caused to the DISTRICT by reason of breach
of this contract or his failure to comply strictly with the
contract and Drawings and Specifications.
F. The Contractor shall defend, indemnify and hold the DISTRICT,
its officials, employees and agents harmless, from any and all
claims, liabilities, losses and causes of action which may
arise out of the performance of the Contract except such
claims, liabilities, losses and causes of action which may
arise because of the DISTRICT's negligent actions or
omissions. Compliance with the insurance requirements shall
not relieve the CONTRACTOR from the obligations imposed by
this article.
V. INSURANCE
A. The CONTRACTOR shall furnish proof of insurance, in a form
acceptable to the DISTRICT as required in the Request for
Proposal.
VI. PARTIAL AND FINAL PAYMENT
A. The CONTRACTOR shall invoice the DISTRICT,in arrears, in equal
monthly installments.
Invoices shall be submitted to the
Monroe County EMS Director, 5192 Overseas Highway, Marathon,
Florida 33050, for approval and processing.
IN WITNESS WHEREOF, the parties hereto have executed this contract
the day and year first above written.
BOARD OF GOVERNORS, LOWER
AND MIDDLE KEYS FIRE AND
AMBULANCE DISTRICT NO. 1
(SEAL)
Mayor/Chairman
Attest: Danny L. Kolhage, Clerk
Clerk
PHYSIO CONTROL CORPORATION
(CORPORATE SEAL)
Authorized Representative
Attest:
.4J ..AL AI 10,..,
AND I.EGAl. "'aM:~" n ~ ~
BY C~~~M~~)' {~
Altom-y'. 0fICe
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