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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 *'.ftM- ~~ ~QcS ~~. ~ ~ U!1t ~/lolt5lJ ~~ ~C-, 1~-.d( ~ tucJo'v~ L7Ju trr-- IJL-- . (tA; D~ ~~ ~. ~ Date Out ~A.'J 11 \ "2-l'\i:'lO J~~J'O I -31""~ 09/05/20UU I U: 44 I-AA. l(fl uu~ --- .'- 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'. . .,., ' ., ~.. "', '. .. \. (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 , ~\ i~"'l\ '__. : ! 0!. :.l\'U..~--:::...__-"" 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