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1st Amendment 03/16/2011DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: March 21, 2011 TO: Fire Chief James Callahan Fire- Rescue Department ATTN: Susan Hover FROM: Pamela G. Hanc�C. At the March 16, 2011, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Items C 18 and G2 Amendment to Contract between Monroe County, Board of Governors Fire and Ambulance District 1 and Bound Tree Medical, LLC to add verbiage to allow for the purchase of items not included in the pricing list, which is Attachment H to the Contract, at a specific discounted pricing, effective February 1, 2011. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File/ AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA AND BOUND TREE MEDICAL, LLC This Amendment ( "Amendment ") is made and entered into this 14 A day of * 2011, by and between Monroe County Board of County Commissioners and the Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, hereinafter referred to as "County ", and Bound Tree Medical, LLC, hereinafter referred to as "Contractor ". WITNESSETH: WHEREAS, the parties hereto entered into an agreement dated November 17, 2010 ( "Contract ") for the purpose of purchasing medical supplies and pharmaceuticals at set pricing; and WHEREAS, said Contract provided for purchasing items from a pricing list, which is Attachment H to the Contract; and WHEREAS, it was the intent of all parties also to include a provision in the Contract allowing for the purchase of items not included on the pricing list as would be needed for new items resulting from protocol or industry changes, in light of the fact that it was impossible for the County to envision all of the medical supplies and pharmaceuticals that the County may wish to order in the future and that a change to the list shown in Attachment H may be necessary from time to time as operational changes occur and needs change; and WHEREAS, in light of the foregoing, it is customary for buyers to include such a catch- all provision in their contracts; and WHEREAS, through an inadvertent error such verbiage was left out of the Contract; and WHEREAS, the parties desire to amend the Contract to add verbiage to allow for the purchase of items not included in the pricing list at a specific discounted pricing; and NOW, THEREFORE, the parties agree as follows: 1. The effective date of this Amendment will be February 1, 2011. 2. Paragraph 5. shall be rewritten as follows: 5. PRICING — is set forth in Attachment H. Items not included on Attachment H will be sold at a minimum 18% discount from the list price issued by Contractor, which may be verified by a printout from the Contractor's online catalog showing both the "list price" and "your price ", the latter being the County's price. The second sentence (only) of Paragraph 9.L. shall be rewritten as follows: L. Invoicing. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid/bid document on the bid pricing sheets and on the Contractor's online catalog printouts discounted at a minimum of 18 %. In all other respects, the provisions of the Agreement between the parties dated November 17, 2010, not inconsistent herewith shall remain in full force and effect. IN exeeutel'Ih (S L) ATT D� Deputy Cl Clerk (SEAL) ATTEST: C o ch o " -- C-) - w _ u � Q C N U- -- C � Lam' N y- SS WHEREOF, the parties hereto have caused this Amendment to be d the year first above written. BOARD OF COUNTY COMMISSIONERS L. KOL CLERK OF MONROE CA�Z� �NVz B Mayor /Chaff an BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT I L.L. KKOL,�IAGE, CLERK OF M ROE COUN�Y, FLORID Chairman BOUND TREE MEDICAL, LLC By: MO OE COUNTY ATT ORNEY ROAD AS/TC/'PO,R'D(A: PYN I HIA L. HALL ASSISTANT COU TY AT NEY Date 2 0) UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF SARNOVA, INC. The undersigned, being all of the directors of Sarnova, Inc., a Delaware corporation (the "Corporation "), hereby take, pursuant to Section 1410 of the General Corporation Law of the State of Delaware, the following actions by written consent and without a meeting, which actions shall have the same force and effect as if duly adopted at a meeting duly called and held oil January 21, 2011, at which a quorum was present and acting throughout. WITNESSETH WHEREAS, the Board of Directors of the Corporation (the "Board ") previously adopted an authority matrix designating which individuals in Sarnova, Inc. and each of its wholly owned subsidiaries has authority for certain actions and may execute certain documents for the Corporation and its wholly owned subsidiaries; WHEREAS, the Board wishes to modify the May 14, 2010 authority matrix to extend authority to the Vice President of Operations with respect to certain Operations matters; WHEREAS, the Board wishes to identify formally the individuals with signatory authority with respect to certain business areas; and WHEREAS, the Chief Financial Officer has delegated certain of his authority to individuals to act on his behalf and the Board wishes to formalize such delegations; NOW, THEREFORE, be it: RESOLVED, that the authority matrix (the "Authority Matrix "), is hereby adopted substantially in the form attached hereto, effective January 21, 2011; RESOLVED, the following individuals have signatory authority as designated to "Company EVP" on the Authority Matrix with respect to the specified areas for Sarnova, Inc., Sarnova HC, LLC, BEMS Holdings, LLC, Bound Tree Medical, LLC, Bound Tree Medical, Europe Limited, Tri -anim Health Services, Inc., Emergency Medical Products, Inc., CVC, Inc. (collectively, the "Companies ").: Name Thomas David Tim Wedemyer Stephen Lacke Gregory Robitaille Marcella Smith Title Executive Vice President, Sales Executive Vice President, Operations Executive Vice President, NIarketing Vice President, Business Development Vicc President, Human Resources Area of Authority Sales Operations Marketing Business Development Human Resources DtrH -PRV- 050510 I of 2 RESOLVED, the following individuals have signatory authority as designated to the "CFO" on the Authority Matrix with respect to the following Companies: Name Title Michael Buerger General Manager Stuart Ednumds Managing Director Andrew Love Vice President, Marketing Justin Perry Controller Companies Emergency Medical Products, h1c. Bound Tree Medical Europe Limited Bound Tree Medical, LLC All Companies RESOLVED, that a copy of this written consent be filed with the minutes of the proceedings of the Corporation. This written consent may be signed in counterparts, any of which may be by facsimile. IN WITNESS WHEREOF, the undersigned have executed this written consent as of the date and year set forth above. oe M, thew D. Walter Kevin �y;►4 .............. L Hendrik Struik Dt•1H -PRV- 050510 ire T imothy A &jigan C_ r 41 aniel J. C#hunors 2 of 2