Item C20
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16-17. 2000
Bulk Item: Yes ..X- No
Division: Public Safety
Department: EMS
AGENDA ITEM WORDING: Approval of Contract Agreement Addendum between the Board of
County Commissioners acting as Board of Governors for MSTD 6 and Medtronic Physio-Control, for the
maintenance of biomedical equipment for an additional one year period, in the amount of $5,304.00
ITEM BACKGROUND: On September 8, 1999, the Board approved a contract with Medtronic Physio-
Control for preventative inspection and maintenance of biomedical equipment, in the total amount of
$5,184.00. 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,
cormnencing October 1, 2000 and ending on September 30, 2001. The contract sum was increased from
$5,184.00 to $5,304.00 to include Zone 3 travel, see attached.
PREVIOUS RELEVANT BOCC 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 Municipal Service Taxing District 6, in the amount of$5,184.00, from October 1, 1999
through September 30,2000.
STAFF RECOMMENDATION: Approval
TOTAL COST: $5.304.00 BUDGETED: Yes l No
COST TO COUNTY: $5.304.00
REVENUE PRODUCING: Yes No...x AMOUNT PER MONTH
APPROVED BY: County Attorney YES OMBlPurchasing YES Risk Management YES
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
Not Required:
- - 0
Agenda Item # J.. C 1,;
DOCUMENTATION: Included: X To Follow:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Medtronic Physio Control Effective Date: October L 2000
Expiration Date: September 30.2001
Contract PurposelDescription: Addendum to Contract Agreement extending the contract for an
additional one (1) year period. for the maintenance of biomedical equipment for District 6
Ambulance Service (Key Largo)
5 It) P -/;J-j Lf
-
Contract Manager: James R. Paros
(Name)
6004
(Ext.)
Emergency Medical Services
(Department)
for BOCC meeting on October 18. 2000
Agenda Deadline: October 4.2000
CONTRACT COSTS
Total Dollar Value of Contract: $5,304.00 Current Year Portion: $n/a
Budgeted? Yes~ No 0 Account Codes: 13002-530460 -
Grant: $ -------
County Match: $ -------
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
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Division Director )7 trlZt:.o:J
Risk Manag"tJ'~nt _ ,'/ .3-'"';) YesO No0. _. ~. ,
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County Attorney 9'11'8'100 Y esO Nor::JiqC~/
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Comments:
OMB Form Revised 9/11/95 Mep #2
10/03/2000 08:02 FAX
141002
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CONTRACf AGREEMENT ADDENDUM
TIllS ADDENDUM TO CONTRACT AGREEMENT, made and entered into
this _ day of , 2000, by and between the Board of County
Commissioners, Monroe County, Florida, acting as Board of Governors for MSTD 6,
hereinafter "County" and Medtronic Physio-Control Corporatio~ hereinafter
"Contractor", in order to amend the contract agreement between the parties dated
September 8, 1999, as follows:
..- . - . -.--
1. The term ofthe Contract Agreement, as stated in Sectioi14A, shall be extended
for an additional one (1) year teon commencing on October 1, 2000 and shall
expire on September 30, 200l.
2. The contract sum is amended to include Zone 3 travel, for an annual total of
$5,304.00.
3. 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 fint above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
(SEAL)
ATTEST: DANNY L. KOLl IAGE, CLERK
By:.
Deputy Clerk
MEDTRONIC PHYSIO-CONTROL CORP.
By: j.A.tfJi
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Title:
WITNESS:
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MedIronic:
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Medtronic Physio-Contr9~ Corp.. .
111111 Willows Road NE
P. O. Rn.. 97048
Redmond. WA 9l\07}-97411 USA
....ww. physiocontrol.com
"'Vi... .medlronic.cotrl
Ulll....i
PHYSIO-CONTROL
CllstOIllt'T support 800.442.1142
lax .ll5.1167.'IS}7
September 6, 2000
County of Monroe
Attn: Stacy DeVane
490 63rd Street, Su ite 140
Marathon, FL 33050
Dear Ms. DeVane:
Due to a recent change in contract travel zone charges, Medtronic Physic-Control
Corporation must add $120.00.10 the Key Largo Ambulance/District 6 agreement for
zone 3 travel. The total price of this contract will now be $5304.00.
Thank you for choosing Medtronic Physio-Control.
Respectfully,
MEDTRONIC PHYSIO-CONTROL CORP.
j/VA/J' p~
Trevi Pies
Contract Coordinator
MONROE COUNTY MUNCIPIAL TAXING DISTRICT'
SCHEDULE "A"
Effective Date: October 1,2000
Description of Item Serial Number County ID
LP-I0 WlPacer 002259 1426-123
LP-I0 WlPacer 007546 141201-22
LP-I0 WlPacer 007541 141201-23
LP-I0 WlPacer 029396 1419-56
LP-I0 Auxiliary Battery. System 002288 141201-33
LP-I0 Auxiliary Battery System 002285 141201-32
LP-ll Monitor 2106513 1426-205
LP-ll Monitor 2353901 1426-207
LP-ll Defib 2645306 1426-206
LP-l1 Defib 2860702 1426-28
Auxpower Unit AOOO1918 1426-209
Auxpower Unit AOOO1919 1426-210
Cellular Modem 3391743 1426-211
Cellular Modem 2353916 1426-212
Patient Simulator 97100019 1426-213
-.
AGREEMENI
This Agreement made and entered into this ~ fA day of '5 ':1.../' I .. ..
1999, by and between the Monroe County Board of County Commissioners, Monroe County.. -
Florida acting as Board of Governors for MSTD 6, 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 perform all other work as described in the
Specifications for the Preventive Inspection and Maintenance of Biomedical Equipment
for the Monroe County Board of County Commissioners: 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 $5,184.00
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 performance 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 former 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 1, 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,
Florida 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, WA 98073.
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7. INDEPENDENT CONTRACTOR
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 ofhislher 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 \VITH LAW
In providing all services pursuantto 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
11. 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 JURlSDICTION
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 of 36 months from the date of being placed on
the conflicted vendor list.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and
year first above written.
BY:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
AS THE BOARD OF GOVERNORS
FOR MSTD NO.6
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MAYd~Arr
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(SEAL)
Attest: Danny L. Kolhage, Clerk
BY:~~C. 1SJo;';A~
. Deputy Clerk
By: .
By: ~~ C/~
(CORPORATE S
Attest:
Title:
Title: b/U.cfr)/t.. /t'C II"-I;~'" LS€7lvli2'S
MARSH USA INC. . CERTIFICATE OF INSURANCE CERTIfiCATE ~
CHI-000298179_
PRODUCER TltIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN TllOSE PROVIDED IN THE
333 South 7th Street, Suite 1600 POUCY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
Minneapolis, MN 55402-2400 AFFORDED BY THE POUCIES DESCRIBED HER9I.
COMPANIES AFFORDING COVERAGE
COMPANY
3840 -GAW- A PACIFIC EMPLOYERS INS CO
INSURED COMPANY
MEDTRONIC PHYSIO CONTROL B ACE AMERICAN INS CO
MEDTRONIC, INC.
7000 CENTRAL AVENUE NE COMPANY
M.S. 324 C
MINNEAPOLIS, MN 55432 )\\
COMPANY
D
COVERAGES . .\ii ;- .. 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 (MMIDO/YY) DATE (MMlDDIYY)
A GENERAL UABlUTY HOD G20300762 05/01/00 05101/02 GENERAL AGGREGATE $ 5,000,000
I--
X COMMERCIAL GENERAL LIABILITY PRODUCTS. COMPIOP AGG $ 5,000,000
I CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 5,000,000
-
FIRE DAMAGE (Anv one fire) $ 1,000,000
MED EXP IAnvone"""""'" $ 10,000
A AUTOMOBILE UASlUTY ISA H07681951 05101/00 05101/02 $ 1,000,000
- COMBINED SINGLE LIMIT
- ANY AUTO
X ALL OWNED AUTOS BODILY INJURY $
- (Per~)
SCHEDULED AUTOS
X HIRED AUTOS ":mR[; IJ6J BODILY INJURY $
- (\.-. . \0.. . (Per acadenl)
X NON-OWNED AUTOS
- \ j 6lt>. '. (OAAJ
uY \'_ ..:c; .()o PROPERTY DAMAGE $
GARAGE UABlUTY OAiE -, .(~ $
-' AUTO ONLY. EA ACCIDENT
- /vct" (C. ~ i~;;;;.;s,>
ANY AUTO W~W[R: ~, ;~ OTHER THAN AUTO ONLY:
- . . ~I'.',' $
- tf ~'Y15 / EACH ACCIDENT
AGGREGATE $
EXCESS UASlUTY EACH OCCURRENCE $
===i UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $ .
A WOR~ COMPENSATION AND WlR C43011893 05101/00 05/01/01 X T TORY LIMITS I I ER .:.......
EMPLOYERS' UABlUTY
A SCF C43011935 05/01/00 05l01/lJ1 EL EACH ACCIDENT $ 500,000
THE PROPRIETOR! RINCL Setf Insured in MN and AZ EL DISEASE.POLICY LIMIT $ 500,000
B PARTNER~CUT~E XWC C42659009 (AZ Excess) 05101/01 EL DISEASE.EACH EMPlOYEE $ SOO,OOO
OFFICERS ARE: EXCL 05101/00
UI"I:K
DESCRIPTION OF OPERATlONSILOCATlONSlVEHICLESlSPECIAL ITEMS (UMITS MAY BE SUBJECT TO DEDUCTlBLES 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.
CE~CATEHOLDER .;. .;' ...... ... CANCEllATION' -:: ,'......"".:..".
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SHOUl.D ANY 01' THE POI.ICIES DESCRIBED HER~IN BE CANCEi.L&D BEFORE TH~ ~XPtRATION DATe THER~OF.
1M! INSURER AFFORDING COVERAGE wlU. ENDEAVOR TO MAIL .-..1D CAYS WRITTEN NOTICC TO THE
COUNTY OF MONROE CERTIFICATE HOWER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOnce SHALl. IMPOSE NO OBLIGATION OR
ATTN: MARIA OEL RIO
5100 COLLEGE ROAD LIAlIIl.ITY OF ANY KINO UPON THE INSURER AFFORDING C~RAGE. ITS AGENTS OR REPRESENT A TMS.
KEY WEST, FL 33040
MARSH USA INC. )1/. Jf)L~~
BY: S. DeCrane Cavanor
. MM1(9199) VAUDtASioF: 06128100