Item C39
MONROE COUNTY I
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 18. 2002 Division: County Administrator
Bulk Item: Yes X- No - Department: Fire Rescue
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 $6,048.00.
ITEM BACKGROUND: On September 19, 2001, the Board approved a contract with Medtronic
Physio-Control for preventative inspection and maintenance of biomedical equipment, in the total amount
of$5,304.65. 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
$5,340.65 to $6,048.00.
PREVIOUS RELEVANT BOCC 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 Municipal Service Taxing District 6, in the amount of$5,340.65, from October
1,2001 through September 30, 2002.
CONTRACT/AGREEMENT CHANGES: Contract term has changed to provide service for Fiscal
Year 2003. The contract amount has increased from $5,340.65 to $6,048.00 due to the exclusion of two
(2) LP-12 Lifepaks that are out of warranty.
STAFF RECOMMENDATION: Approval.
TOTAL COST: $6.048.00 BUDGETED: Yes..lL No -
COST TO COUNTY: $6.048.00
REVENUE PRODUCING: Yes - No -X AMOUNT PER MONTH
APPROVED BY: Conoly Attom~ OMB~~g~ Risk Management YES
FIRE CHIEF APPROVAL: . la: ~
~?o..
DIVISION DIRECTOR APPROVAL: ~ - -€.-
James L. Roberts
DOCUMENTATION: Included: X To Follow: _ Not Required: _
DISPOSITION: Agenda Item #: ~<3/
Revised 2/27/0 I
.
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 Physio-Control
Corporation for oreventative and corrective maintenance of biomedical equipment for MSTD#6.
Contract Manager: Darice L. Haves 6004 Fire Rescue Stop #14
(Name) (Ext. ) (Department)
for BOCC meeting on 09-18-2002 Agenda Deadline: 09-04-2002
CONTRACT COSTS
Total Dollar Value of Contract: $6.048.00 Current Year Portion: $
Budgeted? Yes X NoD Account Codes: 141-13002-530-460-
Grant: $ - - - -
----
County Match: $ - - - -
----
- - - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed ~
Division Director '?J - '/X). /)2.. YesD No g--30/{)'2-
Risk Management <2(-;)-S-OJ.-yesD No~ ~ -J5-"
O.M.B./Purchasing Wz{tJrYesO No[;::( ~~ 'iS1&3}
rlu
County Attorney ~ I:J-I / () 2- Y es~o~ ' .
Comments: S:& j;..,({f.:J)'\ r::4r..Ok'JII tju
OMB Form Revised 9/11/95 Mep #2
CONTRACT AGREEMENT ADDENDUM
THIS ADDENDUM TO CONTRACT AGREEMENT, made and entered into
this _ day of , 2002, by and between the Board of County
Commissioners, Monroe County, Florida, acting as Board of Governors for MSTD 6,
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 (I) 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
$6,048.00, 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 COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
(SEAL)
A TIEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
MEDTRONIC PHYSIO-CONTROL CORP.
By:
Title:
WITNESS:
l\IEDTRONIC PHYSIO-CONTROL CORP.
TECHNICAL SERVICE SUPPORT AGREEMENT
SCHEDULE A
Conuael Number:
Servicing Rep: SANDRA LEE MONTERO, EASS59
District: SOUTHERN
Phone: 800-~.U-11~2 X2081
FA.X: 800-772 - 3 3~0
Equipmenl Loealion: KEY LARGO VOLUNLEER MIBULANC, 03202901
Scope Of Sef\ ice On Sile Repair and 1 On SHe Inspection per Ycar:M-F/8-5
Ref. Effective Expiration Total
:\1 odd I'art Numher Serial NUll1her I.ine Dale Dale Inspections
LlFEP.\K~' 12 VLPI2-02-00226') 13451l::44 10 10 12002 ')/30/2003 1
LlHP.\K.!!.' 12 VLP 12-02-00226') 13451l::45 9 10; 1,2002 9'30:2003 1
Scope Of SeIvice On Site Repair and 2 On Site inspection per Year:M-F/8-5
Ref. Effective Expiration Total
Model I':lrt Numher Serial Numher J.ine Date Date Inspections
LTFF.PAKll! 10 ~042()()-14 002259 4 10: 12002 9i30/2003 2
LTFF.PAKIl) 10 ~0420()-2~ 007541 3 10'1.2002 9'30:20<H 2
LlFEP.\K'jp 10 804200-28 007546 2 10: 12002 9/30/2003 2
LlFEP.\K~ 10 804200-28 0293% 1 1O:l/2002 9'30;2003 2
Scope Of Service On Site Repair Only: M-F/8-5
Ref. Effective Expiration Total
~l()del ":lrt Numher Serial Numher l.ine Date Date Inspections
ACCESSORY 804217-00 002285 8 Wl/2002 ')'30/2003 0
ACCF.SSORY ~04217 .00 0022~ll 5 10:1,2002 9;30/2003 0
RA TIF.RY StJ1'PORT SYSTEM 2 VliSS2-02-000009 1342617ll 7 10/1:2002 930:20(J] 0
UAlTERY SUPPORT SYSTD12 VUSS2-02.000009 13426198 6 10/ l/2oo2 'Ji30:2003 0
*. Ot:noh:s an in vento')' line that has "hanged sin"e the last contrad revision or addendum.
Reference Number: S59-1211 Renewal Printed: 7/11/2002 Page ~ of 6
AGREEMENT
This Agreement made and entered into this 19th day of September
,
2001, 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 CONTRA.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 Monroe County Board of County Commissioners: all of which are hereto
attached and made part of this Agreement by reference.
2. CONTRA.CT SUM
The COUNTY shall pay to the CONTRACTOR a total amount of$5,340.65
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 CONTRA.CTOR agrees to indemnify the COUNTY and hold the COUNTY
hannless 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 CONTRA.CTOR'S work.
B. The CONTRA.CTOR 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 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.
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. SUBCONTRACTfNG/ 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 DISCRIMfNA TION
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 CONTRA.CTOR 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 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 of36 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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
AS THE BOARD OF GOVERNORS
FOR MSTD NO.6
BY:
MAYOR/CHAIRMAN
(SEAL)
Attest: Danny L. Kolhage, Clerk
By:
Deputy Clerk
(CORPORATE SEAL)
Attest: MEDTRONIC PHYSIO-CONTROL CORP.
By: By:
Title: Title:
. MARSH USA INC. CERTIFICATE OF . 'SURANCE '-lOt< IIH\,;ATE NUMBER
CHI-000298179_07
PROOUCER THIS CERTIFICATE IS ISSUEO AS A MArTER OF INFORMATION ONLY ANa CONFERS
Marsh USA Inc. NO RIGHTS UPON THE CER.TIFICATE HOLDER OTHER THAN THOSE PROVIOED IN THE
333 South 7th Street, Suite 1600 POUCY. THIS CERTIACATE DOES NOT AMEND, EXTENO OR ALTER THE COVERAGE
Minneapolis. MN 55402-2400 AFFORDED BY THE POUCIES OESCRIBEO HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
3840 -GAW- X A PACIFIC EMPLOYERS INS CO
INSURED COMPANY
MEDTRONIC PHYSIO CONTROL CORP. B 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.
NOT\'lITHSTANDING 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 ! I I POUCY EFFECTIVE I POUCY EXPIRATION I
L7~ : TYPE OF INSURANCE I ;>OLICY NlJ:IolFlER t.:MITS
I I . DATE (MM/ODI fY) ! DATE (MM/OOI r() I
A I GENERAL UABlUTY I HDOG20306762 05/01/02 05/01/03 I GENERAL AGGREGA TE Is 5.000.000
~ COMMERCIAL GENE~IABILlTY I I PRODUCTS _ COMPIOP AGG I S 5,000.000
~ CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY IS 1,000.000
R 0."."'0","'''0",''0' I i, EACH OCCURRENCE IS 5.000,000
FIRE DAMAGE (Anyone fire) IS 1,000,000
MED EXP (Anv one oersonl is 10,000
A i AUTOMOBILE UABlUTY [ISAH07681951 05/01/02 105/01/03 I COMBINED SINGLE LIMIT IS 1,000,000
o ANY AUTO I i I i
~ ALL OWNED AUTOS I I BODILY INJURY Is
U SCHEDULED AUTOS I (Per person) I
~ HIRED AUTOS I A~~) B~SK -M1 nAGEMEN1 BODILY INJURY is
I X . NON-OWNED AUTOS I BY ~. 1-'( ) -..", . (Per aCCident) I
h DATE ;r~,((~~ I PROPERTY DAMAGE IS
n
I GARAGE UABlUTY WAIVER N I A ...-::::::t:. YES I I AUTO ONLY - EA ACCIOENT I S
n I
R ANY AUTO OTHER THAN AUTO ONLY:
~.~ EACH ACCIDENT I S
_7 " -." AGGREGATE I S
I EXCESS UABlUTY ,--c ; I , IS
, EACH OCCURRENCE
h UMBRELLA FORM I
I Is
I AGGREGATE
11 OTHER THAN UMBRELLA FORM I , is
A Y'lOt<NoKS CuMt'ENSATION ANU WLRC42988819 05/01/02 05/01/03 X I T'6r;fUUI~S 1~1--- .. .---.
EMPLOYERS' UABlUTY
A SCFC42988777 05/01/02 05/01/03 EL EACH ACCIDENT :S 1,000,000
THE PROPRIETORJ RINCL Self Insured in MN and AZ EL DISEASE-POLICY LIMIT is 1,000,000
PARTNERSlEXECUTIVE
B OFFICERS ARE. I EXCL XWC 014171 (AZ EXCESS) 05/01/02 05/01/03 EL DISEASE-EACH EMPLOYEE! S 1,000,000
: OTHER
I
,
i
I
I
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES/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 OESCR/SEO HEREIN BE CANCELLEO BEFORE THE EXPIRATION DATE THEREOF.
THE INSURER .FFORDING COVERAGE WILL ENDEAVOR TO MAIL ---1D DAYS WRITTEN NOTICE TO THE
COUNTY OF MONROE CERTIFICATE HOLDER NAMED HEREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALl IMPOSE NO OBLIGATION OR
A TIN: MARIA DEL RIO
5100 COLLEGE ROAD LIABILI TV OF ANY KINO UPON THE INSURER AFFORCING COVERAGE. ITS AGENTS OR REPRESENT A TlvES.
KEY WEST, FL 33040
MARSH USA INC.
BY: Sarah Paasch ~O~
MM1(9/99) VAUO AS OF: 04/17/02