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Item C41MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 15, 2003 Division: County Administrator Bulk Item: Yes X No Department: Fire Rescue AGENDA ITEM WORDING: Acceptance of proposal and approval of Agreement with Medtronic Physio-Control Corporation for the maintenance of biomedical equipment for Municipal Services Taxing District 6 (MSTD 6), in the amount of $6,904.00, commencing November 01, 2003. ITEM BACKGROUND: The Fire Rescue Department requested quotes for the preventative inspection and maintenance of biomedical equipment owned and operated by the Municipal Services Taxing District 6 (MSTD 6). Two quotes were received; one from DESCO Medical on August 11, 2003 which refused service to Monroe County Fire Rescue due to the inability to service the equipment, and the other from Medtronic Physio-Control on September 09, 2003 in the amount of $6,904.00. We request that the Board accept the Medtronic Physio-Control Corporation proposal for a one-year period, commencing on November 01, 2003 and ending on October 31, 2004. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $6,904.00 COST TO COUNTY: $6,904.00 REVENUE PRODUCING: Yes APPROVED BY: County Atty X DEPARTMENT HEAD APPROVAL: DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X DISPOSITION: Revised 1/03 BUDGETED: Yes X No SOURCE OF FUNDS: Ad Valorem Taxes No X AMOUNT PER MONTH Year OM rchas'ng Risk Mand ement X Clark O. M in, Jr. To Follow Not Required AGENDA ITEM #—C--,%� MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Medtronic Physio-Control Contract # Effective Date: November 01, 2003 Expiration Date: October 31, 2004 Contract Purpose/Description: Maintenance agreement with Medtronic Physio-Control Corporation for preventative and corrective maintenance of biomedical equipment for Municipal Services Taxing District 6 (MSTD#6). Contract Manager: Darice L. Hayes 6004 Fire Rescue / Stop #14 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/15/2003 Azenda Deadline: 09/30/2003 Total Dollar Value of Contract: $ Budgeted? Yes ® No ❑ Grant: $ n/a County Match: $ Estimated Ongoing Costs: $ /yr (Not included in dollar value above) CONTRACT COSTS $6,904.00 Current Year Portion: $ Account Codes: 141-13002-530460 ADDITIONAL COSTS For: CONTRACT REVIEW Changes Division Director Date In `gyp—/-51 y� Needed Yes[:] No�� q Risk Management 11�0/03 Yes❑ No[� O.M.B./Purchasing �' Yes[:] No[D/ County Attorney �l'= Yes❑ NoQ'� Comments: OMB Form Revised 2/27/01 MCP #2 utilities, janitorial, salaries, etc. mite Out AGREEMENT This Agreement made and entered into this day of , 2003, by and between the Monroe County Board of County Commissioners, Monroe County, Florida acting as Board of Governors for Municipal Services Taxing District 6 (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: 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 $6,904.00 or 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. 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. 0 10- 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 affect the insurance required in the contract specifications (General Conditions, Paragraph 5) and in Exhibit A. Page 1 of 5 4. CONTRACT TERM A. The Contract shall commence on November 1, 2003 and shall expire one year from that date, October 31, 2004. The Contract may be renewed for two (2) additional one (1) year terms 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 Board of County Commissioners of Monroe County. 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. 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 Monroe County Fire Rescue, 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. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder CONTRACTOR is an independent CONTRACTOR and not an employee of the COUNTY. No statement contained in this Agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, Contractor's, servants or agents to be employees of the COUNTY and they shall be entitled to none of the rights, privileges or benefits of employees of the COUNTY. Page 2 of 5 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 Fire Rescue 490 63rd Street, Ocean, Suite 170 Marathon, Florida 33050 CONTRACTOR: Medtronic Physio-Control Corporation I IS I I Willows Rd., N.E. Redmond, WA 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 Page 3 of 5 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 Fire Rescue 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 temporarily 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. Page 4 of 5 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. (SEAL) Attest: Danny L. Kolhage, Clerk By: Deputy Clerk (CORPORATE SEAL) Attest: By: Title: BOARD OF COUNTY" COMMISSIONERS OF MONROE COUNTY, FLORIDA AS THE BOARD OF GOVERNORS FOR MSTD 6 MAYOR/CHAIRMAN MONROE COUNTY ATTORNEY APPROVED AST SUZANNE A. HUTTON ASSfSTANTCgtJNT ATTORNEY Date MEDTRONIC PHYSIO-CONTROL CORP. Title: Page 5 of 5 IlMii 511 A 199e Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl Administration Instruction #4709.3 53 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non -Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: S 50,000 per Person $100,000 per Occurrence S 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL1 Administration Instruction #4709.3 80 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: 5100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 Administration Instruction x4709.3 87 MARSH IFICATE NUMB CERTIFICATE OF INSURANCE j CRT000338166ER 01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 333 South 7th Street, Suite 1600 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Minneapolis, MN 55402-2400 r AFFORDED BY THE POLICIES DESCRIBED HEREIN. 1P COMPANIES AFFORDING COVERAGE COMPANY 3840 -GAW— y A ACE AMERICAN INS CO INSURED - COMPANY MEDTRONIC PHYSIO CONTROL CORP. __—, -_""B MEDTRONIC, INC. 710 MEDTRONIC PARKWAY COMPANY M.S. LC310 C MINNEAPOLIS, MN 55432 COMPANY D COVERAGES 2 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 CR 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, CONDITICNS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co ! TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION'S LIMITS LTR DATE (MM/DD/YY) DATE IMMIDDIYY) A GENERAL LIABILITY HDOG21731195 G5;01 G3 05iC1.04 S 10,000,000 ,GENERAL AGGREGATE ;( i. COMMERCIAL GENERAL LIABILITY PRCCUCTS - COMP'OP AGG S 10,000,000 CLAIMS MADE I X � OCCUR PERSONAL & ACV INJURY S 1,000,000 H OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S 10,000,000 FIRE DAMAGE (Any one fire) S 1,000,000 MED EXP (Anv one oerson) S 10,000 A 1 AUTOMOBILE LIABILITY ANY AUTO ISAH07685087 05i01/03 05101,04 COMBINED SINGLE LIMIT S 1,000,000 XI, ALL OWNED AUTOS I j BCCILY INJURY S SCHEDULED AUTOS ! (Per oerson) xXx HIRED AUTOS NON -OWNED AUTOS BODILY INJURY S (Per accident) PROPERTY DAMAGE, S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ', S ANY AUTO 'OTHER THAN AUTO ONLY: i I EACH ACCIDENT , AGGREGATE S EXCESS LIABILITY � I I, �, EACH OCCURRENCE S AGGREGATE i S UMBRELLA FORM S OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND IWLRC43522644 1OS/01103 05/01/04 v s A U- J X ' q EMPLOYERS' LIABILITY I SCFC43522607 TCRY LIMITS_ ER 05i01/03 05/01/04 EL EACH ACCIDENT S 1,000,000 A THE PROPRIETOR/ INCL WLRC443522565 '.05101/03 05/01/04 EL DISEASE -POLICY LIMIT S 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEE S 1,000,000 to HER WC: Self Insured in MN & AZ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: THE MONROE COUNTY BOARD OF COMMISSIONERS, ITS EMPLOYEES AND OFFICIALS ARE INCLUDED AS AN ADDITIONAL INSURED AS IT RELATES TO GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENCEAVOR TO MAIL _-1 DAYS 'Ni NOTICE TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE HOLDER NAMED HEREIN, 3U7 FAILURE 70 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OFFICE OF EMERGENCY MEDICAL SERVICES LIABILITY OF ANY KIND UPON THE INSURER AFFORCING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE 490 63RD ST., OCEAN VIEW SUITE 170 MARATHON, FL 33050 ISSUER CF THIS CERTIFICATE. MARSH USA INC. BY: Sarah Paasch MM1(3/02) VALID AS OF: 04/30/03 TECHNICAL SERVICE SUPPORT AGREEMENT �� r Medtronic PHYS10-CONTROL Contract Number: End User # 03202901 Bill To # 03202901 KEY LARGO VOLUNTEER AMBULANC KEY LARGO VOLUNTEER AMBULANC 98600 OVERSEAS HIGHWAY 98600 OVERSEAS HIGHWAY KEY LARGO, FL 33037 KEY LARGO, FL 33037 This Technical Service Support Agreement begins on 1 l/l/2003 and expires on 10/31/2004. The designated Covered Equipment and/or Soft« are is listed on Schedule A. This Technical Senice Agreement is subject to the Terms and Conditions on the reverse side of this document and any Schedule B. if attached. If am Data tifanagement Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Medtronic Physio-Control Corp.'s Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1. Price of coverage specified on Schedule A is $6.904.00 per term payable in Monthly installments. Special Terms 17% DISCOUNT ON LP12 UPGRADES 17% DISCOUNT ON DATA MANAGEMENT PRODUCTS Accented: MEIATRONIC PRYSIO-CONTROL CORP. I M1W D. iT-A • Territory Rep: EASS59 SANDRA LEE MONTERO Phone: 800-442-1142 X2081 FAX: 800-772-3340 Customer: By: Print: Title: Date: Purchase Order Number. Customer Contact: CHIEF JONES Phone: 305451-2766 FAX: 305-451-6211 Reference Number: S59-1240 Renewal Printed: 9/9/2003 Page I of 4 MEDTRONIC PHYSIO-CONTROL CORP. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: Servicing Rep: SANDRA LEE MONTERO, EASS59 District: SOUTHERN Phone: 800-442-1142 X2081 FAX: 800-772-3340 Equipment Location: KEY LARGO VOLUNTEER AMBULANC, 03202901 98600 OVERSEAS HIGHWAY KEY LARGO, FL 33037 Scope Of Service On Site Repair and 2 On Site Inspection per Yearbf-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date InspE LIFEPAKI) 10 804200-28 029396 4 1 lr 1/2003 10/31; 2004 2 LIFEPAKZ 10 804200-28 007546 3 11/1/2003 10/31/2004 2 LIFEPAKI910 804200-28 007541 2 11/1/2003 10/31/2004 2 LIFEPAKS 10 804200-14 002259 1 11/1/2003 10/31/2004 2 LIFEPAKS 12 VLP12-02-002269 13451845 8 11/1/2003 10/31/2004 2 LIFEPAKJ912 VLP12-02-002269 13451844 7 11/1/2003 10/31/2004 2 Scope Of Service On Site Repair Only: M-F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections ACCESSORY 804217-00 002288 6 11/1/2003 10/31/2004 0 ACCESSORY 804217-00 002285 5 11/1/2003 10/31/2004 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 13426199 10 11/1/2003 10/31/2004 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-000009 13426178 9 11/1/2003 10/31/2004 0 • Denotes an inventory line that has changed since the last contract revision or addendum. Reference Number. S59-1240 Renewal Printed: 9/9/2003 Page 2 of 4 DE-- 701 DIAGNOSTIC EQUIPMENT SERVICE CORPORATION A MERA• Company - WHA" la a regatered wrvice mark it ,M diwl Equipment Rrpair Associates Monroe County Firc Rcscue Att: Peter Lubert 490 631d street Marathon FL 33050 Desch Medical 2240 SW 700i Ave unit 1 Davie FI 33317 Mr. Lubert, (gF,CEIVED AUG 11 1 2003 BY:. ri%r-i i_!'flr T). ► you for your interest in Desco Medical . At this time we are not able to bid on service for your Physio Control Life Pack —12 units. Thank you for your interest in Desco Medical • CORPORATE OFFICE • 124 Main Street, P.O. Box 303 • Norfolk, MA 02056-0303 • Telephone (800) 845-0606 • FAX (508) 520-7055 Branch Offices in Alabama, Florida. New York, and Tennessee with affiliates throughout the U.S.