Item I3
BOARD OF GOVERNORS
LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRICT
AGENDA ITEM SUMMARY
Meeting Date: September 20. 2000
Division: Public Safety
Bulk Item: Yes
NoX
Department: EMS
AGENDA ITEM WORDING: Approval of Contract Agreement Addendum between the Lower and
Middle Keys Fire and Ambulance District and Medtronic Physio-Control, for the maintenance of
biomedical equipment for an additional one year period, in the amount of $14,388.00
ITEM BACKGROUND: On September 8, 1999, the Board of Governors approved a contract with
Medtronic Physio-Control for preventative inspection and maintenance of biomedical equipment, in the
total amount of$15,684.00. The original contract provided for a one-year renewal with approval of the
District's governing Board. We are requesting approval to exercise the renewal clause for the second
year period, commencing October 1, 2000 and ending on September 30, 2001. The reduction in the
contract price is due to the deletion of the Life Pak 5 equipment.
PREVIOUS RELEVANT BOG ACTION: On September 8, 1999, the. Board accepted the proposal and
approved an agreement with Medtronic Physio Control Corporation for the maintenance of biomedical
equipment for the Lower and Middle Keys Fire and Ambulance District, in the amount of $15,684.00 for a
one year period, effective October 1, 1999
STAFF RECOMMENDATION: Approval
TOTAL COST: $14.388.00 BUDGETED: Yes l No
COST TO COUNTY: $14.388.00
REVENUE PRODUCING: Yes No --.X AMOUNT PER MONTH
APPROVED BY: County Attorney YES OMB/Purchasing YES Risk Management YES
DEPARTMENT HEAD APPROVAL:
James R. "Reggie" Paros
DOCUMENTATION: Included: X To Follow: _ Not Required: _
Agenda Item #: J - r,
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Medtronic Physio Control Effective Date: October 1. 2000
Expiration Date: September 30.2001
Contract Purpose/Description: Addendum to Contract Agreement extending the contract for an
additional one (1) year period. for the maintenance of biomedical equipment for District 1
Ambulance Service
/;'r-I\ ?il/Lf
_::...l__~ ._.------- __~
Contract Manager: Teresa L. Gorentz
(Name)
6004
(Ext.)
Emergency Medical Services
(Department)
for BOCC meeting on Sentember 20 2000 Agenda Deadline: Seotember 6 2000
CONTRACT COSTS
Total Dollar Value of Contract: $14,388.00 Current Year Portion: $n/a
Budgeted? Yes~ No 0 Account Codes: 13001-530460 -
Grant: $ _-_-_-_
County Match: $ _-_-_-_
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
*. ~anagement
~.~B./Pu:~ng
Changes
~~J' Needed
<:,y~~o" YesD No
'7 f'Jfoo YesD No
1/d-1\OO YesDNo
1/31juo YesD No
County Attorney
Comments:
OMB Form Revised 9/11195 MCP #2
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Date Out
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CONTRACt AGREEMENT ADDENDUM
TIllS ADDENDUM TO CONTRACT AGREEMENT, made and entered into
this _ day of , 2000, by and between the Board of Governors.
Lower and Middle Keys Fire and Ambulance District oflyt'onroe County, Florida,
hereinafter "County" and Medtronic Physio-Control Corporation. hereinafter
"Contractor", in order to amend the contract agreement between the parties dated
September 8, 1999, as follows:
1. The teon of the Contract Agreement, as stated in Sectioi\""A;~ shall be exteeded
for an additional one (1) year term commencing on October 1, 2000 and shall
expire on September 30, 2001.
2. Schedule A is amended to exclude the six (6) LP- 5 Monitors and seven (7) LP-S
Defibrillators.
3. The Contract Sum is reduced to $14,388.00, for the faithful performance of the
Contract. This will be paid in 12 equal installments, on the first of the month for
the preceding month after invoice rendered by Contractor.
4. In all other respects, the Contract Agreement between the parties dated September
8, 1999 remains in full force and effect. .
IN WITNESS WHEREOF, the parties hereunto have caused this Contract
Agreement Addendum to be executed the day and year first above written.
BOARD OF GOVERNORS OF TIm
LOWER AND MIDDLE KEYS FIRE
AND AMBULANCE DISTRICT
OF MONROECOUNTY,FLOroDA
Mayor/Chairman
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
MEDTRONIC PHYSIO-CONTROL CORP.
By: ~'p~
Title: Cot1iY~t Go y-dtYJ~iuv-
WITNESS:
~~
Description of Item Serial Number County ID
LP-11 Monitor 1961732 1416-88
LP-11 Monitor 1790456 1416-90
LP-l1 Monitor 2106514 1416-092
LP-11 Monitor 1855231 1416-094
LP-l1 Monitor 2124171 1416-096
LP-11 Monitor 2166528 1416-098
LP-11 Monitor 1941008 1416-100
LP-11 Defib 2716894 1416-089
LP-11 Defib 3079625 1416-091
LP-11 Defib 3079620 1416-093
LP-11 Defib 3079622 1416-095
LP-11 Defib 3104321 1416-097
LP-11 Defib 2861570 1416-099
LP-11 Defib 2716897 1416-101
Receiving Station 9642096470 1416-103
Receiving Station 9646102870 1416-104
Receiving Station 9646103870 1416-105
Receiving Station Modem 384901 1416-108
Receiving Station Modem 3849013 1416-109
Receiving Station Modem 3849000 1416-110
Cellular Modem 3391751 1416-111
Cellular Modem 2586 1416-112
Cellular Modem 3391727 1416-113
Cellular Modem 3391752 1416-114
Cellular Modem 3391753 1416-115
Cellular Modem 3391735 1416-116
Cellular Modem 2837320 1416-117
Cellular Modem 4629541 1416-118
Cellular Modem 4690041 1416-119
Cellular Modem 4217848 1416-120
Cellular Modem 5367436 1416-121
Cellular Modem 3958674 1416-122
Patient Simulator 97100024 1416-123
Patient Simulator 97100012 1416-124
Patient Simulator 97100017 1416-125
Patient Simulator 97100018 1416-126
Patient Simulator 95050890 1416-081
Patient Simulator 97100011 1416-127
Patient Simulator 95050826 1416-061
Battery Support System #2 11122706 1416-146
Battery Support System #2 11122707 1416-145
Battery Support System 00012341 1425-138
Battery Support System 00034696 1416-064
Lower and Middle Keys Biomedical Equipment Inventory
Schedule "A"
Effective Date: October 1, 2000
Description of Item Serial Number County ID
Battery Support System 00017128 141201-14
Battery Support System 00014699 141603-37
Battery Support System 00346333 1416-062
Battery Support System 00017090 141602-2
Battery Support System 00017121 141201-16
Battery Support System 00017116 141201-15
Battery Support System 00009752
Auxiliary Power Supply 00008039
LP-I0C With Pacer 00007308 141201-11
LP-I0C With Pacer 00001137
LP-I0C With Pacer 00004475 14120-112
LP-I0C With Pacer 00007300
LP-I0C With Pacer 00007442 141201-13
LP-I0C With Pacer 00007327 1416-063
LP-I0C With Pacer 00070525 1416-060
LP-I0C With Pacer 00070414
Lower and Middle Keys Biomedical Equipment Inventory
Schedule "A"
Effective Date: October 1, 2000
AGREEMENT
This Agreement made and entered into this Jf 'fI. day of 5cr.f T ,
1999, by and between the Board of Governors, Lower and Middle Keys Fire and Ambulance _
District of Monroe County, Florida, hereinafter "COUNTY" and Medtronic Physio-Control
Corporation, hereinafter "CONTRACTOR".
WHEREAS: That the parties hereto, for the consideration hereafter set forth, mutually
agree as follows:
1. SCOPE OF THE WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery,
tools, apparatus and transportation and perfonn all other work as described in the
Specifications for the Preventive Inspection and Maintenance of Biomedical Equipment
for the Board of Governors: all of which are hereto attached and made part of this
Agreement by reference.
2. . CONTRACT SUM
The COUNTY shall pay to the CONTRACTOR a total amount of $15,684.00
for the faithful performance of the Contract, in lawful money of the United States. This
will be paid in 12 equal monthly installments, on the first of the month for the preceding
month after invoice rendered by Contractor.
3. GENERAL PROVISIONS
A. The CONTRACTOR agrees to indemnify the COUNTY and hold the COUNTY
harmless from and against all claims, damages, losses and expenses, including
reasonable attorneys' fees in any action arising out of perfonnance of the work
herein, including bodily injury, illness or death, or for property damage including
loss of use, resulting from the CONTRACTOR'S work.
B. The CONTRACTOR warrants that it has not employed, retained or otherwise had
act on its behalf any fonner County officer or employee subject to the prohibition
of Section 2 or Ordinance No. 010-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the COUNTY may, in its discretion, terminate this Contract without
liability and may also, in its discretion, deduct from the Contract or purchase price
or otherwise recover, the full amount of any fee, commission, percentage, gift or
consideration paid to the former County officer or employee.
C. Before beginning work under this Contract, the CONTRACTOR must provide
evidence satisfactory to the COUNTY'S Risk Management Director that the
CONTRACTOR has in force and effect the insurance required in the contract
specifications (General Conditions, Paragraph 5) and in Exhibit A.
4. CONTRACT TERM
A. The Contract shall commence on October I, 1999 and shall expire one year
from that date. The Contract shall be renewed for an additional one (1) year term
at the option of the COUNTY. The COUNTY shall exercise the option by a
written notice to the CONTRACTOR, 30 days before expiration of the original
term.
B. The CONTRACTOR shall not be held liable for delay in delivery caused by
strikes, inability to obtain materials or equipment, production or manufacturing
problems and all other causes beyond the CONTRACTOR'S control. The
CONTRACTOR shall not be liable for any incidental damages caused by delays
in delivery.
C. Monroe County's performance and obligation to pay under this contract, is
contingent upon an annual appropriation by the BOCC.
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
The CONTRACTOR understands all provisions of this Contract and of the
Specifications and agrees to their sufficiency for the work to be done. Under no
circumstances, conditions or situations shall this Contract be more strongly construed
against the COUNTY than against the CONTRACTOR.
6. PAYMENT
A. The CONTRACTOR shall invoice the COUNTY, in accordance with the pricing
and terms as outlined in the Contract documents. Invoices shall be submitted to
the Monroe County EMS office, 490 63rd Street, Ocean, Suite 170, Marathon,
Flori~a 33050, for approval and processing.
B. All payments shall be made directly to the CONTRACTOR at the
CONTRACTOR'S office, Medronic Physio-Control Corporation, 11811 Willows
Rd., N.E., Redmond, W A 98073
7. fNDEPENDENTCONTRACTOR
At all times and for all purposes hereunder CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Monroe
County. No statement contained in this Agreement shall be construed so as to find the
CONTRACTOR or any of his /her employees, contractors, servants or agents to be
employees of the Board of County Commissioners of Monroe County and they shall be
entitled to none of the rights, privileges or benefits of employees of Monroe County.
8. COMPLIANCE WITH LAW
In providing all services pursuant to this Agreement, the CONTRACTOR shall
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the
provisions of such goods, including those now in effect and hereinafter adopted. any
violation of said statutes, ordinances, rules or regulations shall constitute a material
breach of this Agreement and shall entitle the Board of County Commissioners to
terminate this Contract immediately upon delivery of written notice of termination to the
CONTRACTOR.
9. SUBCONTRACTING/ASSIGNMENT
CONTRACTOR shall not assign, sublet, subcontract, sell or transfer any interest
in this Contract without the prior written consent of the COUNTY thereto.
10. NOTICE - GENERAL
Any notice or notices required or permitted to be given pursuant to this Contract
may be personally served on the other party by the party giving such notice or may be
served by certified mail, return receipt requested, to the following addresses:
COUNTY:
Monroe County Emergency Medical Services
490 63rd Street, Ocean, Suite 170
Marathon, Florida 33050
CONTRACTOR:
Medtronic Physio-Control Corporation
11811 Willows Rd., N.E.
Redmond, W A 98073
II. ANTI DISCRIMINATION
CONTRACTOR agrees they will not discriminate against any of their employees
or applicants for employment or against persons for any other benefit or service, because
of their race, color, religion, sex or national origin, or physical or mental handicap where
the handicap does not affect the ability of an individual to perform in a position of
employment and to abide by all Federal and State laws regarding non-discrimination.
12. NON WAIVER
Any waiver of any breach of covenants herein contained to be kept and performed
by the CONTRACTOR shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the COUNTY from declaring a forfeiture for any
succeeding breach either of the same conditions or covenants or otherwise.
13. CONTRACTOR - GENERAL
The CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities encompassed by the program herein described, subject to the
terms and conditions set forth in the Attachment, which is attached hereto and
incorporated herein as part of this Agreement.
Each of the signatories for the CONTRACTOR, below, certifies and warrants
that:
A. The CONTRACTOR'S name in this Agreement is the full name as designated its
corporate charter, if CONTRACTOR is a corporation; otherwise,
CONTRACTOR'S name is the business entity, whether partnership or sole
proprietorship, under which CONTRACTOR normally conducts business.
B. They are empowered to act and contract for the CONTRACTOR and
C. This Agreement has been approved by the Board of Directors of CONTRACTOR,
if CONTRACTOR has a corporation.
D. CONTRACTOR has, if this Contract calls for payment in excess of$10,000,
executed a sworn statement under F.S. 287.133 (3)(a), on public entity crimes.
Said statement, if not attached hereto, is already on file with the EMS
Office/Clerk of Court for the calendar year 1999.
14. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties hereto with respect
to the subject matter hereof and supersedes any and all prior agreements with respect to
such subject matter between CONTRACTOR and the EMS office or the COUNTY.
15. CONSENT TO JURISDICTION
This Agreement, its' performance and all disputes arising hereunder, shall be
governed by the laws of the State of Florida and both parties agree that a proper venue for
any action shall be Monroe County.
(
16. CONDITIONS OF TERMINATION
A. The performance of work or provision of goods under this Agreement may be
terminated, delayed or temporally suspended by the COUNTY, in whole or in
part, from time to time, wherever the COUNTY shall determine that such
termination is in the best interest of the COUNTY. The COUNTY shall pay all
reasonable costs incurred by the CONTRACTOR up to the time of termination
and all reasonable costs to the CONTRACTOR associated with termination.
B. If the CONTRACTOR fails to fulfill the terms of this Agreement or attachments,
properly or on time or otherwise violates the provisions of the Agreement or of
applicable laws or regulations governing the use of funds, the COUNTY may
terminate the Contract by written notice of 15 days. The notice shall specify
cause. The COUNTY shall pay the CONTRACTOR fair and equitable
compensation for expenses incurred prior to termination of the Agreement, less
any amount of damages caused by the CONTRACTOR'S breach. If the damages
are more than compensation payable, the CONTRACTOR will remain liable after
termination and the COUNTY can affirmatively collect damages.
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide.
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work,
may not submit bids on leases or real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on
the convicted vendor list.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and _
year first above written.
C'.
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(SE4L). '1\ .. \
Atte~: DaRnY t;If>lhage, Clerk
B~~~~
Deputy Clerk
(CORPORATE SE
Attest:
By:
Title:
BY:
BOARD OF GOVERNORS OF THE
LOWER AND MIDDLE KEYS FIRE
AND AMBULANCE DISTRICT OF
MONROE COUNTY, FLORIDA
, ~\
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Ml~6RJCHAlRMAN
By: ~~~
Title: D4l(!.,tQ~ /iCRNI"eA/t .s;,.,~'(;5
8
MARSH USA INC.
CERTIFICATE OF INSURANCE
CERTIFICATl: NUMBER
CHI-000298179-04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN ntOSE PROVIDED IN THE
POUCY. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTl:R THE COVERAGE
AFFORDED BY THE POUCIES DESCRIBED HEREIN.
PRODUCER
Marsh USA Inc.
333 South 7th Street. Suite 1600
Minneapolis, MN 55402-2400
COMPANIES AFFORDING COVERAGE
43840 -GAW-
COMPANY
A PACIFIC EMPLOYERS INS CO
INSURED
MEDTRONIC PHYSIO CONTROL
MEDTRONIC, INC.
7000 CENTRAL AVENUE NE
M.S, 324
MINNEAPOLIS, MN 55432
COMPANY
B ACE AMERICAN INS CO
COMPANY
C
3\\
COMPANY
D
COVERAGES: ,.. /~'J.i'..<. 3
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION UMlTS
LTR DATE (MMlDD/YY) DATE (MMlDDIYY)
A GENERAl.. UABlUTY HOO G2030tH62 05/01/00 05/01/02 GENERAL AGGREGATE $ 5.000,000
-
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP~PAGG $ 5,000.000
I CLAIMS MADE 0 OCCUR PERSONAL & AOV INJURY $ 1.000,000
OWNE~S&CON~CTO~SPROT EACH OCCURRENCE $ 5,000,000
-
FIRE DAMAGE (Anyone fire) $ 1,000.000
MED EXP (Anyone DerSOI11 $ 10,000
A AUTOMOBILE UABlUTY ISA H07681951 05101/00 05101/02 $ 1,000.000
- COMBINED SINGLE LIMIT
X ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
- (Per person)
X SCHEDULED AUTOS
HIRED AUTOS ~-Tyt ~r:. V)1fi) J BOOIL Y INJURY $
- (Per aCCldenl)
X NON-OWNED AUTOS
- Y .\............. J1... 6lA '. (O/lA/ 1PROPERTY DAMAGE
lJ ,- -r;:. -(YD $
GARAGE UABlUTY DAiE --' C(',~ $
-. AUTO ONLY. EA ACCIDENT
- .. ~V~~ l~(i;,i'F;: ........
_ ANY AUTO W~W[R: OTHER THAN AUTO ONLY:
;'t.,' " -,--.' f' ~ 'l1S ,/ EACH ACCIDENT $
AGGREGATE $
EXCESS UABlUTY EACH OCCURRENCE $
~ UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
A WORKERS COMPeNSATIoN AND WLR C43011893 05101/00 05101/01 X I TORY LIMITS I I ER
EMPLOYERS'L/A8lUTY
A SCF C43011935 05101/00 05101/01 EL EACH ACCIDENT $ 500,000
THE PROPRIETOR! R INCL Sel' Insured in MN and AZ. EL DISEASE-POLICY LIMIT $ 500,000
PARTNERSlEXECUTIVE
B OFFICERS ARE: EXCl XWC C42659009 (AZ. Excess) 05101/00 05/01/01 eL DISEAse.EACH EMPlOYEE $ 500.000
Url1~R
DESCRIPTION OF OPERATIONSIlOCATIONSNEHICLESlSPECIALITEMS (UMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ITS EMPLOYEES & OFFICIALS IS NAMED AS ADDITIONAL INSURED AS IT
RELATES TO GENERAL AND AUTO LIABILITY.
. CERTIFICATE HOLDER
, .
i; " .
CANCELLATION. :>>1::;'>:-,>'_
'.","';....
SHOIAD AHY OF THE POUCIES DESCRleI;O HEReiN BE CANCELLED BEFORE THE exPI....T1DHDA~ THEREOF.
T>E INSURER ..FFORDING COVE....GE WILL ENDEAVOR TO ....,L ---30 D..YS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN. BUT F..,LURE TO ....,L SUCH NOTICE SHALl. IMPOSE NO OBLIG..T10N OR
LJA8lL'TY OF AHY KIND UPON THE INSURER ..FFOROING COVERAGE. ITS ..GENTS OR REPRESENT" TIVES.
COUNTY OF MONROE
ATTN: MARIA DEL RIO
5100 COllEGE ROAD
. KEY WEST. Fl 33040
MARSH USA INC.
BY: S. DeCrane Cavanor )t/. J!;)L~ ~
MM1(9199)
VAUD:AS:OFf 06128/00