Loading...
Item H3 MONROE COUNTY BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMMARY Meeting Date: September 18. 2002 Bulk Item: Yes Noll Division: County Administrator Department: Fire Rescue AGENDA ITEM WORDING: Approval of Contract Agreement Addendum between the Fire and Ambulance District 1 and Medtronic Physio-Control, for the maintenance of biomedical equipment for an additional one year period, in the amount of $13,512.00. ITEM BACKGROUND: On September 19, 2001, the Board of Governors approved a contract with Medtronic Physio-Control for preventative inspection and maintenance of biomedical equipment, in the total amount of$12,334.75. 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 1,2002 and ending on September 30,2003. The contract sum was increased from $$12,334.75 to $13,512.00. PREVIOUS RELEVANT BOG ACTION: On September 19, 2001, the Board accepted the proposal, and approved an agreement with Medtronic Physio-Control Corporation for the maintenance of biomedical equipment for the Fire and Ambulance District 1, in the amount of $12,334.75 for a one year period, effective October 01, 2001. CONTRACT/AGREEMENT CHANGES: Contract tenn has changed to provide service for Fiscal Year 2003. The contract amount has increased from $12,334.75 to $13,512.00 due to the exclusion of six (6) LP-12 Lifepaks that are out of warranty. STAFF RECOMMENDATION: Approval. TOTAL COST: $13.512.00 COST TO COUNTY: $13.512.00 REVENUE PRODUCING: Yes BUDGETED: Yes l No No -X AMOUNT PER MONm APPROVED BY: County Attorney FIRE CHIEF APPROVAL: Risk Management YES DIVISION DIRECTOR APPROVAL: _.~~~ James L. Roberts DOCUMENTATION: Included: X To Follow: _ Not Required: _ DISPOSITION: AGENDA ITEM # \-\.:) Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Medtronic Phvsio-Control Effective Date: 10-01-2002 Expiration Date: 09-30-2003 Contract Purpose/Description: Maintenance agreement with Medtronic Phvsio-Control Corporation for preventative and corrective maintenance of biomedical equipment for Fire and Ambulance District 1. Contract Manager: Darice L. Haves (Name) 6004 (Ext. ) Fire Rescue Stop #14 (Department) for BOCC meeting on 09-18-2002 Agenda Deadline: 09-04-2002 CONTRACT COSTS Total Dollar Value of Contract: $13,512.00 Current Year Portion: $ Budgeted? Yes X No D Account Codes: 141-13001-530-460- Grant: $ _-__-_ County Match: $ _-_-_-_ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed r:Jo""" /)/7~R' r-/J Division Director t- !(J~C1Z.- YesD NOL::J ~tJ . ,( / Risk Management 8-aS'Der-vesD NoQ "(6). . O.M.B./PUrchasinga\dllw.YesDNO~.. ~. - .-AlL J/~t/~' County Attorney g / 2-1 / 0 2-Y es~L-:J7 Comments: $ e4 c.J.~ S,"i k- fs11I~ju Date Out l5- 30- 02- yo~-{)) <g1"Y\ 102 &'/~~ OMB Form Revised 9/1I/95 Mep #2 CONTRACT AGREEMENT ADDENDUM THIS ADDENDUM TO CONTRACT AGREEMENT, made and entered into this _ day of , 2002, by and between the Board of Governors, Fire and Ambulance District 1 of Monroe County, Florida, hereinafter "County" and Medtronic Physio-Control Corporation, hereinafter "Contractor", in order to amend the contract agreement between the parties dated September 19,2001, as follows: 1. The term of the Contract Agreement, as stated in Section 4A, shall be extended for an additional one (1) year term commencing on October 1,2002 and shall expire on September 30,2003. 2. The attached Schedule A dated July 11,2002 is amended to reflect the current list of biomedical equipment. 3. The Contract Sum for the year ending September 30,2003 is increased to $13,512.00, 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 19,2001 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 THE FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA Mayor/Chairman (SEAL) ATTEST: DANNYL. KOLHAGE, CLERK By: Deputy Clerk MEDTRONIC PHYSIO-CONTROL CORP. By: Title: WITNESS: s NN~/ H~~ON ["\r.TE --JP4L1L'L-,- l\'IEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A COnLr:lCl Nwnbcr: Servicing Rep: SANDRA LEE MONTERO, EASS59 District: SOUTHERN Phone: 800-~.U-ll~2 X2081 FA-\:: 800-772-33~0 EquipmcnL Location: MONROE COUNTY ThfS, 03189501 Scopc or Scrvice Ship In Repair - 2 On SiLe Inspections per year:M-F /8-5 :\fod~1 Ul'EP.\K)\) 10 Ul'EP.\Kli'lO TJFF.PAK,li) 10 TJFF.PAK.'R) 10 Lll'EP.\K')!) 10 Ul'EP.\Ki)!) 10 LTFF.PAKli) 10 TJFF.PAK,:R) 12 Ul'EP.\K'l.!) 12 I':llt Numh~r S~ri:J.J NlIll1~r 804200-2S 00730S S04200-28 007327 804200-14 001137 804200- 14 004475 S04200-28 007300 804200-49 070525 804200-49 070414 vl.P 12-02-002269 13451841 V LP 12-02-002269 13451S42 V LP 12-02-002269 13451843 V1.PI2-02-002269 B451840 V1.PI2.02-002269 B451839 VLP 12-02-002269 13451834 Lll'EP.\KJ)!) 12 LIFF.PAKli) 12 LIFF.P A K (I; 12 Ul'EP. \Kl) 12 Scope Of Service Ship In Repair Only:M-F/8-5 :\lod~1 1':J.rt Numh~r UAlTERY SUPPORT SYSTEM 801807-12 RATrF.RY SUPPORT SYSTEM 801807-21 RA TfF.RY SUPPORT SYSTE}.[ 801807-12 UA'lTERY SUPPORT SYSTEM 801807-12 USlTERY Sl!PPORT SYSTE,y1 801807-12 RATfF.RY SUPPORT SYSTEM 801807-12 RATfF.RY SUPPORT SYSTE~r 2 VRSS2-02-000009 UAlTERY SUPPORT SYSTD12 VUSS2-02-000009 UAlTER Y SUPPORT SYSTEM 2 VUSS2-02-00000'> RATrF.RY SUPPORT SYSTEM 2 VRSS2-02.000009 RA TfF.RY SUPPORT SYSTEM 2 VRSS2.02.000009 UAlTERY Sl!PPORT SYSTEM 2 VUSS2-02-000009 S~ri:J.J :'Ilull1h~r 017121 034696 012341 01469') 017090 017116 13426192 13445567 13445563 11122707 I 1 I 2270(j 13445566 Reference Number: S59-1210 Renewal Ref. Effective Expiration Total I.in~ l):J.t~ Jhte Inspections 4 101'2002 9;30.2003 2 3 10 12002 91302003 2 6 lO.T2002 9/30/2003 2 5 10.12002 9/30.'2003 2 19 10. 1/2002 9/30/2003 2 10' L'2002 9/30/2003 ~ 2 10:1 :2002 9/30i2003 2 22 10T2002 9;JO/20m 2 21 10/1,2002 9/30/2003 2 20 10 1/2002 9/30/2003 2 23 10;1/2002 9/30/2003 2 24 10.1/2002 9/30/2003 2 25 10/112002 9/30/2003 2 Ref. Effective Expiration Total I.in~ I)at~ J)at~ Inspections 8 10/1'2002 9/30/2003 0 7 1 () UOO 2 9/30/200] 0 12 10T2002 9IJCJi200] 0 11 10/1/2002 9/30/2003 0 10 lOi 11 2002 9/30/2003 0 9 10/1/2002 9/3012003 0 16 10,1.2002 9J3()!2003 0 13 10,'L2002 9130/2003 0 15 10/1/2002 9/30/2003 0 17 10T2002 9/30/200:~ 0 18 10: I /2002 9130i2003 0 14 10/112002 9/30/2003 0 Printed: 7/11/2002 Page ~ of 7 AGREEMENT This Agreement made and entered into this 19 th day of Sep tember 2001, 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 "CONTRt\CTO R". WHEREAS: That the parties hereto, for the consideration hereafter set forth, mutually agree as follows: 1. SCOPE OF THE WORK The CONTRt\CTOR 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 Board of Governors: all of which are hereto attached and made part of this Agreement by reference. 2. CONTRACT Sillvf The COUNTY shall pay to the CONTRt\CTOR a total amount of $12,334.75 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 CONTRt\CTOR 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 CONTRt\CTOR'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, 2001 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 \vritten 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 ACCEPT A.l'ICE 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, W A 98073 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 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 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 ract:, 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. 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 TERl\i1INATlON 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 CONTRA.CTOR up to the time of termination and all reasonable costs to the CONTRA.CTOR associated with termination. B. If the CONTRA.CTOR 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 CONTRA.CTOR fair and equitable compensation for expenses incurred prior to termination of the Agreement, less any amount of damages caused by the CONTRA.CTOR'S breach. lfthe damages are more than compensation payable, the CONTRA.CTOR 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. (SEAL) Attest: Danny L. Kolhage, Clerk BY~o~ R 0 (Jlu;A~ Deputy Clerk (CORPORATE SEAL) Attest: . . BY:~~ Title: CU~.J- ~I/C S:Up.eVVISOV BOARD OF GOVERNORS OF THE LOWER AND MIDDLE KEYS FIRE AND AMBULANCE DISTRlCT OF MONROE CO TY, FLORlDA BY: MA Y AIRNlAN MEDTRONIC PHYSIO-CONTROL CORP. ~jAW1 p~ Title: ~fr' ?CA- u;;ord! () ~W By: MARSH USA INC. CERTIFICATE OF. . 'SURANCE \"ol::M:1 u..u....:ACE NUMBER CHI-000298179_07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MArTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CER.TlFlCATE HOLOER OTHER THAN THOSE PROVIDED IN THE 333 South 7th Street. Suite 1600 POUCY. THIS CERTlACATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE Minneapolis, MN 55402-2400 AFFORDED BY THE POUCIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY ~3840 -GAW- X A PACIFIC EMPLOYERS INS CO INSURED COMPANY MEDTRONIC PHYSIO CONTROL CORP. S ACE AMERICAN INS CO MEDTRONIC, INC. 710 MEDTRONIC PARKWAY COMPANY M.S. LC310 C MINNEAPOLIS, MN 55432 COMPANY D COVERAGES 4 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 AFFOROED 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. .':.~I TYPE OF INSURANCE I ;>OllCY NlJ:I.'~ER POUCY EFFECTIVE I POUCY EXPIRATION I t.:MITS .., I I DATE IMMlDDI fY) I DATE (M~VDDI rf) I A ~ERAL. UABlUTY HDOG20306762 05/01/02 05/01/03 GENERAL AGGREGATE Is 5,000.000 ~MMERC:AL GENERAL LIABILITY PRODUCTS.COM~OPAGG Is 5.000.000 ~ CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY S 1.000,000 H 0'"'"' "0'''''''0"' "'0' , EACH OCCURRENCE IS 5.000,000 FIRE DAMAGE (Anyone fire) IS 1,000,000 i I MED EXP (Anv one oerson) Is 10,000 A i AUTOMOBILE UABlUTY ISAH07681951 05/01/02 I 05/01/03 COMBINED SINGLE LIMIT S 1.000,000 ~ ANY AUTO I I I I X ALL OWNED AUTOS I 1$ I BODILY INJURY U SCHEDULED AUTOS I (Per person) I X I HIRED AUTOS AP~r ~SK ~~~MEN1 BODILY INJURY IS ~ NON-OWNED AUTOS BY I. -,( (Per aCCIdent) DATE ;r~ ~~ I PROPERTY DAMAGE $ H I GARAGE UABlUTY WAIVER N(}CYES I AUTO ONLY. EA ACCIDENT Is n ANY AUTO nJ1 'V I OTHER THAN AUTO ONLY: .;. R ~~' I S ......... EACH ACCIDENT r (" AGGREGATE S I EXCESS UABlUTY l......C; ..- I EACH OCCURRENCE Is R UMBRELLA FORM I AGGREGATE S , OTHER THAN UMBRELLA FORM I Is A 'lYUKN::KS CUMt'ENSAIION ANU WLRC42988819 05/01/02 05/01/03 xl w(,;'5i'Aro:-i.~---- .. .__.- EMPLOYERS' UABlUTY TORY LIMITS I I ER 1 >> A SCFC42988777 05/01/02 05/01/03 EL EACH ACCIDENT IS 1,000,000 THE PROPRIETOR! RINCL Self Insured in MN and AZ EL DISEASE-POLICY LIMIT S 1,000.000 B PARTNERS/EXECUTIVE XWC 014171 (AZ EXCESS) 05/01/03 EL DISEASE. EACH EMPLOYEEI S 1,000.000 OFFICERS ARE: EXCL 05/01/02 : uTHER' i DESCRIPTION OF OPERATIONSiLOCATlONSNEHICLES/SPECIAl.ITEMS (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 CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --10 DAYS WRITTEN NOTICE TO THE COUNTY OF MONROE CERTIFICATE HCLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR A TTN: MARIA DEL RIO 5100 COLLEGE ROAD LIABILITY OF ANY KINO UPON rHE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTA TlVES, KEY WEST, FL 33040 MARSH USA INC, BY: Sarah Paasch ~ G/J~ MM1(9/99) VAUD AS OF: 04/17/02