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1st Amendment 07/05/2023 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $1„00,000.00 and Under Contractwith. Bound Tree Medical LLC NIA; Effective Date: 07.13.2023 Expiration Date: 08,31.2023 Contract Purpose/Description: Execution of a First Amendment with Bound ,free Medical LLC to extend the contract term from duly 11.3, 2023 to August 31,2028 for the purchase of medical supplies and pharmaceuticals. MCFR currently piggybacks on the Volusia.County Master Agreement with Bound Tree. Volusia County has requested an extension to the contract term whip negotiations continue. MCFR is also requesting an extension. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Cheri Ta nborski 305.289.6088 MCFR/Stop#14 141 11500 (63%) 404 63100 (5%) 101 11001 (32%) CONTRACT COSTS SC_00036 Total Dollar Value of Contract: $ Current Year Portion: $ 2 000 estimate �,000 estimate , (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the tirud cmmo nOv Mew, aaNwt.is Budgeted?Yes[ No Grant: $N/A County Match: $N/A Fund/Cost Center/Spend Category: See above ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: N/A (Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES ®NO 0 CONTRACT REVIEW Reviewer Date In .Calla hal, Department Head Signature: James K. Callahan Dateig 2023.07.07ly sigl,,d 7454Ja­s -04'0' Date:sos3.ozm g7:as.a7-oa•og• Christina Cory Digitally signed by Christina Cory County Attorney Signature: 7\' Date.2023.07.0710.43.53-04•00• . ty .. ^ad _ — Risk Management Signature: a°@m°° r s Digitally signed by Lisa Abreu Purchasing Signature: Lisa re u Date:2023.07.11 16:45:52-04'00' I Digitally signed by John Quinn "OMB Signature: John r� Quinn n n Date:2023.07.12 11:18:17-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 First Amendment to Agreement for PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS This First Amendment to the Agreement dated November 15, 2022, as amended, is made and entered into on this _,_5th .day of July,2023, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as"County," AND Bound Tree Medical, LLC.,whose address is 5000 Tuttle Crossing Blvd., Dublin, Ohio 43016, its successors and assigns, hereinafter referred to as"Bound Tree" or"Contractor", WITNESSETH: WHEREAS, County and Contractor entered into an Agreement on November 15, 2022, to acquire medical supplies and pharmaceuticals for use by Monroe County Fire Rescue ("Original Agreement"), which was for an initial term terminating on July 12, 2023; and WHEREAS, the original agreement utilized cooperative purchasing and pricing through Volusia County, Florida, a cooperative purchasing organization for public sector procurement, using a competitively bid solicitation issued by Volusia County, Florida Purchasing Division on behalf of itself and all states, local governments, and other government agencies, for Master Agreement Medical Supplies (ITB 18-B-43AK contract#20320; effective July 10, 2018 to July 12, 2021;Additional term up to a maximum term of two (2)years through July 12, 2023 unless further extended by Bound Tree and Volusia County; and WHEREAS, Bound Tree and Volusia County mutually agreed to extend the terms of their agreement which now terminates on August 31, 2023; and WHEREAS, the County desires to extend the Agreement in accordance with the terms of the Master Agreement as both parties have found the Agreement to be mutually beneficial; and NOW,THEREFORE, in consideration of the mutual promises,covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Contractor agree as follows: SECTION 1. Paragraph 7.4 of the Original Agreement is amended to read as follows: A. The term of this Agreement (the "Tenn") shall commence on July 13, 2023 and, unless sooner terminated in accordance with Subsection 9.4, shall extend until 11:59 p.m. on August 31, 2023.This Agreement may be renewed or extended in accordance with Volusia County's Master Agreement for Medical Supplies, ITB 18-B-43AK, MA #20320B. Any renewal or extension of this Agreement must be in writing and signed by both the County and Contractor. SECTION 2. Paragraph 7.1.1 of the Original Agreement is amended to read as follows: A. The County shall pay the Contractor for the Contractor's products based on the competitively bid pricing outlined in Attachment A and the total annual estimated not to exceed amount of ninety nine thousand nine hundred ninety nine dollars($99,999.00)paid by County to Contractor will apply to this agreement. SECTION 3. All other terms and conditions of the Original Agreement dated November 15, 2022, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. ON BEHALF OF MONROE COUNTY Digitally signed by Roman Gastesi By_Roman GastesiDate:2023.07.18 16:44:28-04'00' ounty Administrator WITNESSES SSES A BOUN D TREE, INC. y ssJon McGrew itness 2 Print Name l" .......... ................ Associate VP Pricing ..................... Title DA-A Appmvd u to fam md L-0 stffv6=y Nfmoe Cowwy Ano=y%Offkc Chnkj=Cary,Axsim-rg Capsgy AAmr--y Date:7.3.23 From: Christopher Fyffe To: Tamborski-Cheri Cc: Jennifer Argo;Heather Legg Subject: RE: Urgent***Re: Bound Tree Contract-Expires on 7/12 Date: Monday,July 10,2023 7:01:33 PM Attachments: image005.png CAUTION Good Afternoon Cheri, The Volusia standard terms and conditions language covering the original bid and amendments state that usage of the contract is permissible by the awarded contractor, which in this case is Bound Tree Medical. We are willing to extend the use of this contract to Monroe County through the terms also offered to Volusia. Please let us know if you have any questions! 37. OTHER AGENCIES:All Contractors awarded Agreements from this Bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions, if agreed to by both parties. It is understood that at no time will any city, municipality, or other agency be obligated for placing an order for any other city, municipality, or agency; nor will any city, municipality, or agency be obligated for any bills incurred by any other city, municipality, or agency. Further, it is understood that each agency will issue its own purchase order to the awarded Contractor(s). Kind regards, Chris Fyffe Bound Tree Medical I Manager,Bids&Contracts 5000 Tuttle Crossing, Dublin,Ohio 43016 Office:614.760.5374 Cell:937.830.2729 g..�cz�Ikaa,ui,nab;trf:.r..::c,ainri.I.vuvuvu.::lkaaui,n,c;;tre:t:.::coJo1ii ................................................................................................ Sarnova,a family of companies: Bound Tree Medico(, Cordio Portners,EMP&Tri-onim Heo(th Services GVS COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: January 17, 2023 TO: Cheri Tamborski Emergency Services FROM: Liz Yongue, Deputy Clerk SUBJECT: November 15th BOCC Meeting The attached item has been executed and added to the record: F4 Purchase Agreement with Bound Tree Medical LLC to piggyback on the Master Agreement with the County of Volusia, Florida for Medical Supplies through July 12, 2023 and authority for the Fire Chief to execute all necessary documents. This arrangement will result in an additional 5% - 7% discount on medical supplies acquired by Monroe County Fire Rescue (MCFR). Should you have any questions, please feel free to contact me at(305) 292-3550. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AGREEMENT FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS This Agreement ("Agreement") made and entered into this 15th day of November-, 2022 by and between Monroe County, a political subdivision of the Stateof Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ('BOCC") and the Board of Governors Fire and Ambulance District 1 of Monroe County, Florida ("BOG"), AND Bound Tree Medical LLC, whose principal address is 5000 Tuttle Crossing Blvd. Dublin, Ohio 43016 its successors and assigns, hereinafter referred to as "Bound Tree" or "CONTRACTOR", WITNESSETH. WHEREAS, the parties desire to enter into an agreement (hereinafter Agreement) for the provision of medical supplies and pharmaceuticals ("Products"); WHEREAS, this Agreement will be utilizing cooperative purchasing and pricing through Volusia County, Florida, a cooperative purchasing organization for public sector procurement, using a competitively bid solicitation issued by Volusla County, Florida Purchasing Division on behalf of itself and all states, local governments, and other government agencies, for Master Agreement for Medical Supplies (IT B I 8-B43-AK contract#20320; effective July 10, 2018 to July 12, 2021; Additional term up to a maximum to of two (2)years through July 12, 2023); NOW,THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows, FORM OF AGREEMENT ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Products until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for the Products and shall be in conformity and comply with all applicable law, codes and regulations. The I CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.4 In providing all Products pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this agreement the 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, contractors, servants, or agents to be employees of the COUNTY. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Products consist of those described in Attachment A. 2.2 QUALITY INSURANCE PROVISIONS 2.2.1 Quality and Quality Control. A system of test inspections shall be used to ensure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/Service(s) will be promptly inspected and any discrepancies from the purchase order and/or the CONTRACTOR's invoice shall be reported immediately by COUNTY. 2.2.2 Material Safety Data Sheet (MSDS). Any items delivered must be accompanied by a MSDS. The MSDS must be maintained by the user agency and must include the following information: o 2.2.2.1 The Chemical name and the common name of the toxic substance. 2.2.2.2 The hazards or other risks in the use of the toxic substance, including: 2 (i) The potential for fire, explosion, corrosively and reactivity; (ii) The know acute and chronic health effects of risk from exposure, Including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (iii) The primary routes of entry and symptoms of overexposure. 2.2.2.3 The proper precautions, handling practices, necessary personnel protective equipment, and other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure. 2.2.2.4 The emergency procedure for spills, fires, disposal and first aid. 2.2.2.6 A description in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 2.2.2.6 The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 2.2.3 CONTRACTOR must be able to supply contracted requested supplies within a three (3) business day timeframe of normal request of Products when the COUNTY has made that request within normal working hours of 8am to 5pm Monday through Friday. During emergency (natural or man-made emergencies) situations CONTRACTOR must be able to supply requested Products on a next day basis, twenty-four(24) hours a day, seven (7) days a week. 2.3 CONTRACTOR'S LIABILITY 2.3.1 Warranty. It shall be CONTRACTOR's responsibility to submit at the time of shipment the original manufacturer's warranty for the Products supplied. CONTRACTOR shall follow procedures to accomplish supplying replacement Product(s), if warranted. Replacements shall be finalized within five (5) working days of reporting the defect. 2.3.2 Guarantee. The Products supplied shall be guaranteed to be free from defect of composition, conception and workmanship for a minimum period of 120 days from the date of acceptance by the COUNTY. Any parts or portions found not in accordance with this specification will be rejected by the COUNTY and returned to the CONTRACTOR at the CONTRACTOR's expense for immediate replacement. 2.4 SPECIFICATIONS 2.4.1 Substitutions. Items supplied shall be as ordered and specified. When substitutions are recommended or necessary, the determination as to whether any 3 (proposed substitution is or is not equal to the Product specified as a standard shall be made by the COUNTY, and such determination shall be final and binding, 2.41 Quality. ."rh materials to be furnished shall be currently in production and shall be of manufacturer's standard or better quality. 2.4.3 Quantities.The quantities listed on Attachment A are estimated quantities for one (1) year. The COUNTY shall not be required to purchase uny minimum or maximum quantities during the term of any award resulting-from this specificabon, The UN y purchase s little zero percent (0%) or exceed as much as one hundred d percent (100%) of the forecasted or estimated quantities. 2.4.4 Packaging. Only materials that are packaged in the original factory fresh packaging will be accepted. No materials that have been re-packaged or that are in the adulterated or damaged packages shall The accepted at the receiving (location„ nor shall after-market materials be accepted at the receiving Ilocation. Any attempts by the CONTRACTOR to furnish the COUNTY with other than first quality materials shall constitute default as outlined in this specification. 2.4.5 Refrigeration. Maintaining Ip cifi temperature range throughout the shipping process is essential to the quality of healthcare products, Only materials which have been properly shipped irn a temperature-control l d environment shall b accepted by the COUNTY, 2.4.6 Expiration Dates. All Products shall have a minimum expiration date of eighteen (18)months from date of shipment and the date must be displayed on the package. 2.5 CONDITIONS 2. .1 Authorization. All orders shall be placed via COUNTY by Purchase Order generated by the COUNTY's COUNTY' software, Operative 1 , or a "Open" Flurchase Orders, at the COUNTY's election.COUNTY' 2.5.2 Furnishing It rmn w Contract items are to be furnished on an 'as needed, when needed basis"louring the life of the contract, 2s w 11.)eliveiry. Products ordered shall be delivered within-three( ) (business days after receipt of order. IFailiare to do so, shall be considered breach of contract or default, and the COUNTY shall utilize its options as stated within the proposal specification. 2.5.4 lip orders. in the event a Product is not immediately available at the time of an order, or is not able to be delivered within three ( ) days, the COUNTY shall have the option of purchasing the item from another contractor. 2.5.5 Penalties. The COUNTY reserves the right to increase or decrease quantities shown without penalty, 2.5.6 Addition/Deletion. The COUNTY reserves the right to add or delete any it ern from this proposal or resulting contract when deemed to be in the interest of the COUNTY. 2.5.7 Samples. When required, samples shall be labeled with the p °TP TOR; name and item number r nd shall be furnished free of charge. Samples not destroyed will be returned upon request t the TRACT R's expense. 2.5.8 Substitution. The CON"'rRACTOR shall not substitute Products for pike items s without t the approval of time COUNTY. Any violation of such procedure may result in a possible rro ill tion of the ntr Alp approved substitutes shall b annotated as such on the NTRAC " "s shipping d uummrm nt(s), 2.5.9 Contract Prices. Contract prices (Attachment ) shall be firm and shall not be amended after the ntr ct is executed. Any attempt by the CONTRACTOR to amend said prices unilaterally shall constitute default s outlined d in the contract., Prices quoted d shall include all shipping costs, shipped F.O.B.. IMarathon, Florida or to time facility location specified by the r gu sff r of time purchase order. All taxes of any kind and character-payable on account of Products furnished shall be paid by the TRACT and shall be deemed to have been included in the price. The COUNTY is mIpt from all state and federal sales, use,transportation, and excise taxes.. Contract prices shall include all royalties and costs arising from patents, trademarks, and copyrights in any way Involved with the Product. 'Whenever the CONTRACTOR 6s required or desires to use any design, device, material or (process covered by peppers of patent or copyright, the CONTRACTOR shall indemnify and save harmless the COUNTY, its officers, agents, and employces from any and all claims of infringement by reason of th the use of any such patented design, toll, material, equipment or (process, to be performed under r the contract, and shall indemnify the said COUNTY, its officers, agents and employees for any costs, expenses and damage which may be incurred by reason of any infringemmment at any time during the prosecution or after the completion ofthe work. .5.10 Contract Provisional Prices off List t Price. Contract pricing for items not included on Medical Supply Discount Off p,,.i t and Pricing Worksheet (Attar mrmment ) and sold to the u n at a discounted d percentage rate off the list price issued by .. IRAC,,p" P shall b 'pprrrm and shall not the amended after the ontr t its executed„ Any attempt by the p'4TRA T to amend said (prices shall constitute default s outlined in time contract.COUNTY will verify. items by a prprmff ut prorrm the ONTR TOR' online catalog ;showing both time 'list price" and "your price", time utter F ling the UN ° price. 2.6.11 Contract Changes. I o changes, over time contract period, shall be Ip rrmmEtt d unless prior written approval is given by the Monroe County lBoard of Commissioners and the Board of Governors of Fire and Ambulance District 1. CONTRACTORhall not assign time contract or any rights or obligations there under, to a subcontractor without the prior written approval of-the Monroe County Eloard of Commissioners and the Board of Governors of Fire and Ambulance District 1. �.a 2.5.12 Price Escalation. The County will allow a price escalation provision for items on the Medical Supply Discount Off List and Pricing Worksheet(Attachment A) with this award. The original CONTRACTOR prices on Medical Supply List Pricing Work sheet (Attachment A) shall be to for a one (1) year minimum period. A price escalation/de-escalation will be allowed one (1) year after the beginning of the award period and at one(1) year intervals thereafter, provided the CONTRACTOR notifies the COUNTY, in writing of any requested price changes at least sixty (60) days prior to-those changes taking effect, This request must be accompanied by a certified letter from the CONTRACTOR'S supplier showing the price increase to the contractor. The price increase to the County shall be limited to the percentage increase to the CONTRACTOR as stated in this letter. K, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the CONTRACTOR has not passed the decrease on to the COUNTY, the COUNTY reserves the right to place -the CONTRACTOR in default, cancel the contract, and remove the CONTRACTOR from the COUNTY's CONTRACTOR list for a period of time deemed suitable to the COUNTY. 2.5.13 Invoicing. The CONTRACTOR shall furnish the COUNTY complete itemized invoices for the goods received. invoices are to reflect the prices stipulated on the purchase order, and as outlined on the Medical Supply Discount Off List and Pricing or sheet (Attachment A), Invoices are also to reflect the provisional price discount in the for of a percentage at which the CONTRACTOR will sell these items off its list price. The COUNTY will not accept an aggregate invoice, As part of the award process, the COUNTY may request a sample invoice. Invoices shall contain, but riot limited to the following information: o Invoicenumber o Company name o Purchase order number o Location and dates of delivery o Cost.of items as stated on the contract and extended price to reflect total cost for number of items received. a5®1 Ordering. CONTRACTOR will provide web-based online ordering website designed specifically for service. 2.5.15 Disaster Recovery. CONTRACTOFZ must have a proven Disaster Support Program in place and shall provide the COUNTY with emergency numbers for these situations. These numbers will be updated immediately if the contact number changes. 2.6 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and and delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Steven Hudson, Fire Chief Monroe County Fire Rescue 490 631d Street Marathon, Florida 33050 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 James A, Molenaar Assistant County Attorney Monroe County 1100 Simonton Street Key West, Florida 33040 For the CONTRACTOR, Rob Meriweather, President Bound Tree Medical, ter®C 5000 Tuttle Crossing Blvd, Dublin, Ohio 43016 Attn: Bids & Contracts ARTICL III ADDITIONAL PRODUCTS 3.1 Additional Products are the Products not included in Attachment A. Should the COUNTY require additional Products, they all be paid for by the COUNTY at pricing, rates or fees negotiated at the time when the Products are purchased, but only if approved by the COUNTY before the Products are purchased, 3.2 If additional Products are required the COUNTY shall issue a letter requesting and describing the requested Products to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal, in accordance with the competitive pricing under the Volusia County, Florida Purchasing Division contract for Master Agreement for Medical Supplies (contract#20320, effective 07/10/2018 to 07112/2021; Additional term tip to a maximum of two(2)years up to 07/12/2023),to provide the requested Products. Only after receiving an amendment to the Agreement and a notice to proceed from the COUN I'y, shall the CONTRACTOR proceed with the purchase of additional Products. Any additional Products must be funded approved by the COUNTY. 7 ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide complete and accurate information and cooperation regarding requirements for the Products. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Products. The COUNTY or its representative shall render decisions in a timely manner pertaining to request for information submitted by the CONTRACTOR in order to avoid unreasonable delay in the purchase and delivery of the CONTRACTOR'S Products, 4.3 Prompt written notice shall be given by the COUNTY and the CONTRACTOR's representative if either become aware of any fault or defect, in the Products or non- conformance with the Agreement Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.6. ®4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTOR'S Products. 4®5 The COUNTY's review of any information or documents prepared by the CONTRACTOR or its subcontractors all be solely for the purpose of determining whether such information or documents are generally consistent with the COUNTY's criteria, as, and if,, modified. No review of such information or documents shall relieve the CONTRACTOR of responsibility for the Products. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5®1 The CONTRACTOR covenants and agrees to indemnify and hold harmless the COUNTY. its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' -fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. 6.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 5® This indemnification shall survive the expiration or early termination of the Agreement. 8 ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel -to perform any service conce ming the project, ARTICLE VII COMPENSATION and TERM 7.1 COMPENSATION BASED ON SPECIFIED RATES 7.1®1 The COUNTY shall pay the CONTRACTOR fort CONTRACTOR'S Products based on the competitively bid pricing outlined in Attachment A and the total annual estimated not to exceed amount of One Hundred Twenty Five Thousand dollars ($125,000.00) paid by COUNTY to CONTRACTOR will apply to-this Agreement. 7.2 PAYMENTS 7.2.1 The contractor will be paid according to Attachment A. Payment will be n1ade pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. A 1. County' performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners, 2. County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of invoice by Transporter. 3. CONTRACTOR shall submit to County invoices with supporting documentation acceptable to the Clerk of Courts. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. (B) The CONTRACTOR shall submit a proper invoice to COUNTY requesting payment for Products purchased and delivered. The CONTRACTOR'S invoice shall describe with reasonable particularity the Product(s) delivered, 7.3 BUDGIE7 AND REIMSURSEABI. E EXPENSES 7.3.1 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the BOCC. and BOG at the time of contract initiation and its duration. 7.4 TERM OF AGREEMENT The initial term of -this Agreement is for a 36-month period. This Agreement may The extended upon mutual agreement of the parties. The Agreement may The renewed after the initial term for incremental one-year extensions in accordance with the term of the contract for Master Agreement for Medical Supplies (contract #20320; effective 07110/2018 to 07/121202,1; Additional term up to a maximurn of Two (2) years up to 07/1212023). Any renewal of this Agreement must be in writing and signed by both the COUNTY and CONTRAC f"OR. ARTICLE Vill INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect, 81 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of Vl or, better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days written notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY, 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of 1:"lorida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of$100,000 per Accident, $500,000 Disease,, policy limits, $100,000 Disease each employee., C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and off e operations, and owned, hired or non- owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000 Property IDamage or$3008000 combined single limit, D. Commercial General Liability Insurance, including Personal Injury Lialbifity, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents 10 r subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent COS TIE T u Broad 1::"o 1::Iroperty Damageand Blanket Contractual Liability Endorsement with $ 00,000 per 1::Ierson, $ 00,000 per Occurrence, $200,000 Property Damage or$ 00„000 Combined &ngle Limit. An OccurrenceForm policy is (preferred. if coverage is changed to or provided on Claims IMade (policy, its provisions should include coverage for claims filed orn or after the effective date of this contract. Ilrn addition, the period for which claims may b reported must exteind for a rrminirnmLum of 48 months following the t rimirn ti rm or expiration of this contract. E. Professional Liability Insurance or Engineer's Errors and Omissions insurance of $ 00„000 per occurrence and $ 00,000 annual aggregate. if the policy is a `cW m made" policy, CONTRACTOR shall maintain coverage or purchase a "tall" to comer claims made after coimpletion of the project to comer the statutory time limits in Chapter 95 of the Florida Statutes, F. Cylber Liability Insurance to include the fallowing coverag Data Breach,ch, Network Security I1...,i bil'ity@ Internet Media„ Network Extortion„ regulatory Proceedings, PCI Fire and Cast. The minimum limits acceptable is* $1,000,000 G. COUNTY shall be named as an additional insured with respect to CONTRACTOR' liabilities hereunder in insurairice coverages identified in Paragraphs C and D. K CONTRACTOR shall require its subcontractors to be adequately insured at (least -tub the limits prescribed above, and to any increased limits of CONTRACTOR of so required by COUNTY during the term of -this Agreement„ COUNTY will not pay for increased limits of insurance for subcontractors. I. CONTRAcTOR shall (provide to the CODLIN"'rY certificates of insuraince or a copy of all insurance policies including those n ailing the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies ruporm request., J. 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, MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the Interpretation of any provision of this Agreement. 9.2 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the (prior written approval of the COUNTY and the ill CONTRACTOR, which approval shall be subject to such conditions and provisions as the COUNTY may deem necessary. This paragraph shall be incorporated by reference into any assignment or,subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.3 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.4 TERMINATION A. In the event that the CONTRACTOR all be found to be negligent in any aspect of the provision of the Product(s), the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right toterminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cur p the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the surn due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however,the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR any sums due the CONTRACTOR under this agreement prior to termination. E For Contracts of any amount, if the COUNTY determines that the CONTRACTOR/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the COUNTY shall have the option of (1) terminating the Agreement after it has given the 12 CONTRACTOR/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the COUNTY determines that the TRACTS Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the CONTRACTOR/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan Ust, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the COLIN I-Y shall have the option of(1) terminating the Agreement after it has given the CONTRACTOR/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals (issued under the lead agency under County of Volusia, Florida Purchasing Division Renewal of Master Agreement for Medical Supplies, IT B 18-B-43AK. MA #20320), any addenda and attachments thereto, this Agreement, the CONTRACTOR'S response tot RFP, the documents referred to as a part of this Agreement, and Attachment A. and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, this Agreement will control or alternatively the one imposing the greater burden on the CONTRACTOR will control. 9.6 PUF3I-IC ENTITIES CRIMES 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 contracts 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 of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the data of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based an an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime"regardless 13 of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or Is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list, 9.7 MAINTENANCE OF RECORDS CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the to of the Agreement and for seven years-following the termination of this Agreement. If an auditor employed byte COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.8 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the 16'11 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County, 9.9 SEVERABILITY If any term, covenant, condition or provision of this Agreement or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby-, and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the-fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of-the stricken provision. 9.10 ATTORNEYS FEES AND COSTS �,4 The U �'Y and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or,defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable tt rrn y' fees, court costs, invesfigative, and out-of-pocket expenses„ as an award against the rn rn-prevailing party, and shall include tt un°n y' fines, courts costs, investigative, and out,,,,of-pocket expenses in appellate proceedings. 9.11 BINDING EFFECT The terms, covenants, o nditio n , and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 9.12 AUTHORITY Each party represents arnd warrants to the other, that the execution, delivery rnd performance of this Agreement have been duly authorized by all necessary COUN"FY and corporate action, as required by law. 9.13 CLAIMSFOR FEDERAL OR STATE AID CONTRACTOR rnd COUNTY agree that each shall be, and is, empowered to apply for, seek„ and obtain federal and state funds to further- the purpose of this Agreement, Any conditions imposed as a result of fuundiung that effect the (Project will be provided to each party. 9.14 ADJUDICATION 01i" DISPUTIES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements sh 111 b attempted to be resolved by met and confer sessions between representatives of each f the parties, If the issue or issues are still not resolved to the ti factioun of the parties, them any party shall have the right to seek such relief or remedy may be (provided by this Agreement or by FloridaIlaw., This Agreement is not subJect to arNtration. This provision does not negate or waive the provisions of paragraph 9.4 concerning termination or cancellation. 9.15 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party„ in all proceedings, hearings, processes, meetings, and other activities related to the substance f this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.16 NON I 'ICI IC TIC CONTRACTOR and COUNTY agree that there will be no di crimirnat'ion against any prom, and it is expressly understood that upon a determination by a court of competent ju d diction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. 15 COIOTA C i'"OR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to- 1) Title Vil of -the Civil Rights Act of 1964 (PIL 88-352) which prohibits discrimination on the basis of race, color or national origii% 2) Title II X of the Education Amendment of 1972, as amended (20 USC ss, 1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s, 794), which prohibits discrimination on the basis of handicaps', 4) The Age Discrimination Act of 1975, as aimended (42 USC ss. 610,11--.6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),, as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PIL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss., 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq..), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating t inondiscrimination on the basis of disabllltyl 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.17 COVENANT OF INO INTEREST CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.18 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. lin accordance with Section 5 (b) Monroe County Ordinance No. 010-1990, CONTRACTOR warrants -that hetit had not empioyed, retained or otherwise had act on hi lit behalf any former COUNTY officer or employee subject-to the prohibition of Section 2 of Ordinance lido. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020 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 coinsideration paid to the former COUNTY officer or employee.." 16 9.19 NO SOLICITATION/IPAYMENT The I Tli A T and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, orfirm, other than a bona fide employee working solely for it, any 'fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CON"'l T agrees that the COUNTY shall have the right to terminate this Agreement wwithout liability and, at its discretion, to offset from monies owed, or otherwise recover, the full arnount of such fee, commission, percentage„ gift, or consideration, 9.20 PUBLICACCESS. Public records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article l of the Constitution of Florida, The COUNTY and CON°MA T IU shall allow and permit reasonable access to, and inspection of, all documents, records„ papers, letters or other "public record' materials in its possession or under its control subject to the provisions f Chapter 119, Florida Statutes, and irnade or received by the COUNTY and CONTRAC"r in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of #ils provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall Ihue deemed a material bread' of this contract and the COUNTY may enforce the terms of this provision 'in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. pursuant to F.S. 119.0701 and the terms and conditions of this contract, the CONTRACTOR is required to: (1) I eep and maintain public records that would The required by the COUNTY to perform the service, (2) Upon receipt fro mm the t.,,UN °s custodian of records, (provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or a otherwise provided by law. ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of 'the contract term and following completion of the contract if the NTI A "'l" I:1 does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no costa to the COUNTY all public records in possession of the CONTRACTOR or keep and maiintain public records that would The required by the COUNTY to perform,the service, If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. if the CONTRACTOR beeps and maintains public 17 records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5)A request to inspect or copy public records relating to a COUNTY contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records,the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRI MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.21 NON WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.22 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. u 9.23 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute® and case law. ® NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel® or otherwise indicate that any particular individual or group of individuals® entity or entities® have entitlements or benefits under this Agreement separate and apart, inferior to® or superior to the community in general or for the purposes contemplated in this Agreement. 9® ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate® complete, and current at the time of contracting. The original contract fee and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. ® NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe COUNTY in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. ® 7 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same 19 ins Crum erat and any of the parties hereto may executethis Agreernent L.:q sigin�ng any such counterpart. 9.28 UNCONTIROIL.1 ABLE CIRCUMSTANCE Any delay or fa0ure of erther l3adyto perforrn its obligations under this Agreement M 1� be excused to the exterit that the d6ay or failure was caused dirs,:-ctly by an event beyom.1 such Party's control, without such Party'sfault or neglIgence and that by its nature could not tiave been for by st.,gch l:3arty or, if it coulld have been foreseen,was urmvoidable: (a) acts of God, (b) flood, fire:11 earthquake, explosion, tropPcal storm, hurricane or other declared emergency in the geographic area of the F'roject; (c) war, invasuoru, hostlifities (whether war is declared or not), terrorist threats or acts,, dot, or other civil unrest in the geographic area of the PiroJect; (d) gr.:)vernirnerut order or law 'n the geographic area of the lProjecti (e) acfions, embargoes, or" blockades 4-1 effect on or after the date of this Agreement (f) action by any governirviental authority prol--ffl:AUr-ig work in the geographic area of the Prq1ect,-(eacl--i, a "Uncontirollable 0rcurnstance"). CON FRACTOR'S firmncW k'mbifty to perforirn,, changes liin cost or avaHabifity of materWs, compone rut s, or services, rnarket conditions, a::rrsujp:f.:)fier,actions or contract 6sputes will not excuse performance by C014 FRAC FOR under this Section CONTRAC"TOR sfmll guve Couirity written notice wiftn 7 days of any event or&cumstance that is reasonaWy likely to result in an L.Jinrontrollable Circumstance,, and the anbc�pated duration of such UncoritroHable Cirrurnstanre. CONTRACTOR shaH use 61 diHgeint efforts to end the UncoritrollaWe Circurnstance, ensure that the effects of any Urmontroflable Circumstance are mWimized and resume-Iful�l peffnirmar"ice uirider this Agreenient The COUNP( will not pay additionW cost as a result of an L)ncontr6lable Circumstance. 'The CON'TRAC 1`01i::-Z may only seek a no cost extension for su(.:,,hi reasairmUe t0m as the Owners l:Representative rnay deterinnine. ARTICII mE X 'rhis section has been left intent iona I lank. ......................................................................................... AIR nCLE X1 FEDERAL CONTRACT RIE UREMENTS 2 The CONTRACTOR and its SUbcontractors rnust follow the provisions, as applicable, as set forth in 2 C,F.R. §200326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200, as arnerided, including but not firMed to-, 11.1 PROH111131 11014 01H TELECOMMUNICATIONS AND VIDEO SMWEILLAINCE Prohibition on certain telecornmuNcatioris and video st,prveillairiice services or equipment as set fortti in 2 Cl::°R §200.2,16. Recipients and st,obreciplents and their cointractors and subcontractor,,%, may not obligate or expend any 'federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or syste ran sthat uses covered telecommunications eqWpment or 20 services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety,security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (ili)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director oft National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country, 11.2 DOMESTIC PREFERENCE Domestic preference for procurements as set forth in 2 CFR §200,322 The COS► and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes,from the initial melting stage through the application of coatings,occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 11.3 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(40 U.S.C. 3701-3708) Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 UZL. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 2 j Compliance with the Contract or Hours and Safety Standards Act (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics all require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.RR. § 5.5(b)(1) the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work one under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages, Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C,F,R. §5.5(b)(1), in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3)Withholding for unpaid wages and liquidated damages.The Federal agency all upon its own action or on written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract or Hours and Safety Standards Act, which is held by the same prime contractor® such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in pars graph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. §5.5(b)(1)through(4)and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. §5.5 (1)through (4). 114 RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental® developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants® Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 22 11®5 CLEAN AIR ACT(42 U.S.C. 7401-76710.)AND THE FEDERAI WATER POLLUTION CONTROL ACT (33 U.S.C. 1261-1387) CON rRACTOR agrees to comply with all applicable standards, orders or regulations [issued pursuant to the Clean Air Act, as amencled (42 U.S.C. §§'7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of -the Environmental 1::Irotectioin Agency (EPA). The Clean Air Act (42 U.S.C. '7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgraints of amounts in excess of$150,,000. The contractor agrees to includethese requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMAJIFederal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Fe&4 Agency and the appropriate EPA IRegionall Office. 11.6 DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12649 AND 12689) A contract award under a"covered transaction"(see 2 CFR 180.220) imust riot be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OIMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,, p., 189) and 12689 (3 C1::"R part 1989 Comp., p. 235), uDebarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R.. Part 3000 (No nprocurement Debarment and suspension)., SAID Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. AlS exclusions can be accessed at www.sam.gov. CONTRACTOR is required to verify that none of the contractor's pdncipais (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R, §180.940) or disqualified (defined at 2 C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180,1 subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any Ilower tier covered transaction it enters into. This certification is a material representation of-fact relied upon by the COUNTY. if it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.k pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available rernedies, including but not Iknited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pit.. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer furtheir agrees to include a provision requiring such compliance in its lower tier covered transactions. 11.7 BYRD ANTI..,LOBB "III G AMENDMENT (31 U.S.C.§ 1352) CONTRACTOIRs that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an 23 officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency, If award exceeds$100,00, the attached certification must be signed and submitted by the contractor to the COUNTY.) 11® COMPLIANCE WITH PROCUREMENT OF RECOVERED MATERIALS ASSET FORTH IN 2 CFR §200.322 CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired, 1. Competitively within a timeframe providing for compliance with the contract performance schedule-, 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines we site, The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. ARTICLE X11 OTHER FEDERAL CONTRACT REQUIREMENTS 12.1 AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED (ADA) The CONTRACTOR will comply with all the requirements as imposed by the AD A, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 24 12.2 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY-that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement.The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever possible, b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 12.3 CONTRACTOR AND SUBCONTRACTOR USE OF E-VERIFY Beginning January 1, 2021, in accordance with F. 448,095, the CONTRACTOR and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees hired by the 25 CONTRACTOR during the term of the Contract and shail expressly require ray subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department f Homeland Security" F'-'verify systems -tug verify the work authorization status of all new employees (hired by the subcontractor during the Contract term.. Any subcontractor shall provide an affidavit stating that the ubcontr ctor dove not employ, contract with, or subcontract with an unauthorized alien.The CONTRACTOR shill comply with and be subject to the provisions f F.S. 6.69 . 12.4 ENERGY EFFICIENCY CONTRACTOR will comply with the Energy Policy and Conservation Act(P.L. 94-163;442 U. a . 62 1-64 2) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Flan adopted pursuant thereto. ARTICLE 111 ADDITIONAL FEMAIRDEMII 13.1 ACCESS TO RECORDS CONTRACTOR/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security ( H and the Federal Emergency Management Agency's (FF ) access to records, accounts, documents, information, facilities, and staff. CONTRACTORslConsultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2, Give D 6 access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or programs guidance. 3. Subunit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup doc rn ntation to support the reports. 3.2 DHS SEAL, LOGO AND FLAGS CONTRACTOR shall not use the Department of Homeland Security seal(), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific F'EM pre-approval. The CONTRACTOR shall include this provision in any subcontracts, 13.3 CHANGES TO T T The CONTRACTOR understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTYand CONTRACTOR. 26 13.4 COMPLIANCE WITH FEDERAL L.AW, REGUILATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA-financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives, 13.6 NO OBLIGATION I FEDERAL GOVERNMENT The Federal Government is riot a party to this contract and is not subject to any obligations or liabilities -to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 13.6 PROGRAM FRAUD AND FALSE OR FRAUDULENT s"rATIEMENTS OR REII ATED ACTS The contractor acknowledges that 31 U.S.C. Chap. 38(Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR' actions pertaining to this contract. If Florida Department of Emergency Management Agreement The CONTRACTOR is bound by the terms and conditions of the Federally-Funded Sub award and Grant Agreement between Monroe COUNTY and the Florida IDivision of Emergency Management (Division). The CONTRACTOIR shall hold the COUNTY harmless against all claims of whatever nature arising out of the CONTRACTO11:1's performance of work under this Agreement, to the extent allowed and required by llaw, (signatures on next page) 27 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written, � C�''� BOARD OF NTY COM SSIONERS A�ar-r'•" sv r;,w1 evin Madok, Clerk OF MON UNTY R X Mayor/Chairman d r `.;, s Depu Clerk BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONRO OUNTY, FL D By: Digitally signed by James D. Mayor/Chairperson James D. !:,Molenaar Molenaar Date:2022.10.271233:03 04'00' Approved as to Form and Legal Sufficiency James D. Molenaar Asst. County Attorney MONROE COUNTY ATTORNEY'S OFFICE (Seal) CONTRACTOR Atte ' BY: By: Title: Manager, Bids& ntracts Title: sociate Vice President, Pricing END OF AGREEMENT T♦"yyP ♦ na ("a ♦q^Y, f'•� ScopeAttachment A- ices f Pricing (see attached) COUNTY OF VOLUSIA, FLORIDA ' PURCHASING DMSION 123 W.Indiana Ave DeLand,FL 327204608 V0lusia County Telephone: (386) 943-7009 Fax: (386) 740-5158 FLORIDA E-mail: akokitusi@volusia.org Master Agreement Renewal Request To: Bound Tree Medical, LLC From: Andrew Ko tus Attn: Rhiannon Greene Date: 4/7/2022 E-Mail: submitbids@boundtree.com Subject: Renewal of Master Agreement for Medical Su, lies, ITB 1$-B-43AK. MA 20320A MESSAGE: The current Master Agreement expires 7/1212022 .The County would like to extend the above-mentioned Master Agreement until 7/12/2023 at the same prices, terms and conditions. Please notify us of your willingness to extend this agreement by having an authorized person sign this form and returning it to my attention. In order for the above Master Agreement to be extended, the County also requires a current ACORD insurance form identifying the solicitation number or 1proiect name and Purchasin A ent/contact and naming Volusia County as an additional insured. Thank you for your prompt reply. X Yes,we are interested in doing business with the County, as outlined above. w No,we are not interest �-��:doing busness with the County, as outlined above. 04/12/2022 Authorized Signature Date Firm's address: Bound Tree Medical, LLC 5000 Tuttle Crossing Blvd. Dublin, OH 43016 „�, ,,n , .. ., �_.„ .. .,.,..,.u. , ,..,,, Email address: submitbids@boundtree.com Please return to Andrew Kokitus via email. kokiru usiar 8 or fax(386)740-5158 If you have any questions regarding this communication, please don't hesitate to contact me at the numbers or e-mail address indicated above. T! 11.11urn A� III II � m - I� MdM VArM�aAfr aMG WM1 kmb aPH mrm p IIIFW. 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IVr�'' II'�i 'IR'r�w N"�' II �+ fTB 18-9 43AK Attachment a Fisted Percentage ON List Price Vbltqb..Qaunty Vendor Name: Bound Trae Medkal.LLC Product Manufacturer Name %Fixed Product Manufacturer Name %Fhred Discount Discount 3M 30% alorneft 30% Aaron Medical WA Bio-Nova NIA AbbQJect WA Bowman Medical Products 30% Abbott 30% 1 Brunswick Biomedical NIA Acme 38% laumlFree Products 30% Act-O-Vial WA I Burton Medical WA ADC Prosco a 30% ICaradyne WA Advanta a Medical WA ICare Line 30$6 Aearo Compenv NIA Cast Products 3D% Alliance Medical WA ICath-WMD WA Allied Healthcare 35% lCavacide WA Al ha-Prolec 30% lCenlennial Products Wq Alpine WA lCeriffied Spft Manufacturing 30% Ambu 38% ICFr, Inc. Ufa Mask 26% Ambu-Perfit 38% lChaston WA AMBV 38% Chord Enakwering Wq Ames WA Chronimed WA Amsino Amsafe 30% Colo astlSween WA Anatomical Chart Company WA Compliance Medical 30% AnthonyMedica Products WA Conmed 38% ArWe WA Cook 30% Ashland Mills WA ck Meds tems BL13 WA- -8&B Medical NIA lCovedein 30% B&F Medical ICumberland Swan WA B Braun Medical 42% Cure ex 40% Bac"tal lCypress Medical NIA Ballard WA IDev Laboratories Wq Banta Healthcare WA DHD Healthcare Wq Bard Parker WA IDHD Healthcare P us NIA Baush&Lomb WA 101amand Products NIA Baxter 40% 1131git-Safetyhllq Ow Corporation 30% IDIversifled DispEables f+}Iq Ba r I Doctors Research Groug WA IBC Group International WA 113anovan Industries WA BCI.Inc. SIMS WA IDukal Corp. 30% BD 35% IDuraclear NIA Bdo WA IDynarex 30% BectonlDickenson 35% IE M Innovations WA Bedford Laboratories WA IE. Fouaera WA Bemis 30% Ear o-Vac NIA Berman WA Eco-Flex NIA Beshaw Medical lEcolob Professional Products 30% Bio-Delek 30% lEmergency Medical Instruments MI NIA Biolifa WA Ern a Prods&Research &R 30% EMP WA Ilmpact Instrumentation NIA Engineered Medical Sv3tems 30% IMS 32% nternet medical WA IMSIAm aster 32% Ethox 30% Infection Control Technol WA EV uMed WA IINFU-SURG WA Page 1 of 5 ITS 18-8-4UK Attachment 8 Find Percentage Off List Pdce emu: County Vendor Name: Sound Tree Medial LL[ Product Manufacturer Name %Fbred Product Manufacturer Name %FGred Discount Discount F.xal International 30% 1-TeGgM—S LLP 26% Expert-Mad WA Ivax Pharmaceuticals Zonith Goldgne WA Farelec 32% J&J Crltikon WA Ferro 20% lJobetlnstitute WA Firehouse Medical WA lJohnson&Johnson 30% First Aid Direct WA Dunkin SafejX Aepliance 30% first Horizon WA 11(apler WA Flambeau Products 30% Kendall WA Flernina Industries WA 110mbedy Clark NIA Flexicon WA Kimbe -Clark Ballard Medical WA Forerunner WA Kool-Press NIA Fu isawa Pharmaceuticals WA ILaerdal Medical 10% Futuremed America WA 1-asrdall8emis 10% Gainor Medical WA Lead-Lok NIA Gam WA Lira Tech NIA Garn Ind WA kurniscope Medical Products NIA Gam Milts WA L -Ject NIA General Medical WA IM&M Industries NIA GKR Industries 30% Mabis NIA Glucomeler/El to X1 WA Mabis Healthcare NIA Graham Field 30% Maco International 30% Graphic Control WA Macosta-Medical USA WA GreenlinefSunmed 350A Made medical 30% H.I.mouton atinum Medical 30% Harcourt Health Sclences WA Magnus NIA Hartwell Medical 25% Mallinkrodl Medical NIA t!Lnftak9.corn 30% Marine Rescue products NIA HeadStart NIA Maxxim Medical WinfieldlNIA Healthink 30% Medaror.Inc. NIA Healthmark Industries 30% Medex NIA Hearlslart FR WA Medical Action Industries 30% Heart Stream Forerunner WA Medical Device Group WA Hermitage WA Medical Devices Intemational 30% Hoosier Medk:l Devices WA Medical Stieclalfies 30% Hoe ira 30% Medical Supplies Deool 25% Hos itak WA Medical Technakmv Products WA Hot Shield USA WA Media Corp. NIA Hudson WA IMedix Choice WA T e 30% IMedline Industries 30% Medovations I Pharmada&UpJohn WA Melker WA I Philadelphia Cervical Collars NIA Mercury Medical WA Philly NIA Meridian Technolo ies, 25% Ph ioControl 30% Martap Products WA Pkmn Mountain Industries NIA Melrex 30% Pinnacle Technology Group 28% MicmFlax 8 etron 30% Polamedco NIA IMlnlo Research&Development 30% Poly Syslems 30% Moldex-MeMx 30% 115osey WA Moneohan Medical 30% Wredsion Charts 1 30% Page 2 of 5 IT818.843M Athdunent a Fbted Peru"@ off List Price Vblu:t.,n ftly Vendor Nam&.- Bound Tree Medical,LLC Product Manufacturer Name %Fixed Product Manufacturer Name %Fixed Discount Discount Moore Medical WA Precision Dynamics 28% Morrison Medical 30% Precision Medical 30% Morten 28% Premium Plastics NIA Motion Medical Distribution 3096 Prestige Medical Spey{, MPI Outdoors NIA Pride of Florida NIA MSA Patient Monitodn NIA Progressive Medical International NIA Muitisorb Technologies NIA Promar Industries NIA Murphy Et Tube NIA Ptower Manufacturing NIA Nasco 22% Protective-Jelco NIA National Webbing Products NIA CI-Tekno! s NIA Needi Safely Supply NIA R&B Fabrications 30% Nelicor NIA R&D Batteries 30% NeoTech lRavid 12 enl Products 30% Neotech Produds lReeves ManufacturingNIA New Medical Technology, NIA Re ra-Med Systems 30% New United Distribuliny Co. WA Respiratory Distributors NIA Nlosh lResviralary Ventilator Products NIA Nitroderm lResolronics NIA Nomin Medical NIA Reusch 32% North American Rescue 26% Revivant Cowation NIA NutraMax Products NIA Suction Labs 30% 02 Solutions WA Roc Hampton Medical WA Omega Medical NIA Safetec of America 30% Omni Therm WA ISafetv Equipment Company NIA Ommn Health WA ISafe International 30% O-Two Medical Technologies 30% ISafGard Medical Products NIA Owen Mumford 30% Saf-T-Vac N/A Pacific Safety Products Isaw NIA Paddock Laboratories NIAISatler Labs 30% Para Pac WA Sani-C€oths Plus 30% Parker Laboratories 30% ISaunders Manufacturing 30% Paul Dubin Company ISeabnCompany NIA PDI WA IS Compliance 30% Pelican Products 30% ISherwood NIA PageWS ITO 18-e-49AK Attachment a � Fired Percentage off List Price y vblw1j.4:?trnty Vendor Name; Bound Tree Medical,LLC Product Manufacturer Name %Fbced Product Manufacturer Name %F ked Qlscount Discount Shipped Medical Technal2ges NIA Triad NIA Shradder NIA Tri-anim 30% Smllhs Medical ASD Portex 30% Trinity Laboratories N!A Snowblyd Mountain Gear WA Medical NIA Splash Shield 30% Undwheler Kinetics NIA Sporlddin lntemational NIA Unomedical Maersk Medical NIA NIA VentLab 30% SSCOR 15% Verino Medical NIA Statca WA Vermont Medical NIA Steams Manufactuer 30% Victor Medical NIA Sledlix USA NIA Vorkm 28% Sun-Mod 35% lWalsmed NIA Sunrise Medical DeVilbiss 30% Weaver&Com an NIA Superior NIA Welch AN 30% Sur cal S ecialties lWestem Medica NIA Surgitance 35% lWesiMed 30% Su lute NIA Net Pruf WA Swoon Corp. N!A Wholesale Tape NIA Swift First Aid IWInefield Ind. WA S x-Ne tune WA Wolfe Tory Medical NIA Tec Laboratories NIA IYAnkhatier NIA Tech+Med Industries NIA lZefon Medical Products NIA Techst es Inc. 30% Zaq 28% Teledyne Analytical Instruments NIA Terumo 30% / Teve NIA UE The Battery Bank 3096 Thermo NIA Thin Fled Line NIA �p Thomas 2596 0 Tidi .7' % Timely Medical Innovations i WA ,,, Tinker MOW Devices WA PARO 4 OFS 9 Fixed Pementoge ON Lbt Price volusla County VandorNamw Bound Tree Madkal,LLC ------------------------------ %Fixed uc nu fadumr Name %Fixed unt Product nu Discount Additonsi Proposed manufactumrsct Not UstedAbove Discount Not Discount *All other manufacturer's avallabler 1 OSee attached rar addition-a-l-de-talls f B o u nd Tree voue Manner In EMS OAP VU"119 Dogging Blvd DAIK OWN OUIS 6147605000 w w,w boundirsexa m To Whom It May Concern, In response to your bid request, Bound Tree Medical is pleased to offer %off of the prices on supplies for all other manufacturers available on mm,boundiree.come _ and not specifically listed on this bid.For product information and Bound Tree item numbers,please refer to the current Bound Tree Medical Emergency Medical Product Catalog. In order to provide a percentage off list discount,It Is necessary for Bound Tree to exclude certain product tegodes or manufacturer products. This Is largely due to the cost variability of these items as a result of market demand and raw material costs. Products excluded from the percentage off bid Include the following: anufacturers Excludedf%i r Cate tortes cluded - ashy to� i%%%%/� ev s Z- dice� uikCl %il���/��l'� Preventative Maintenance Simulaids Service Contracts r,,,,,.. t � �rirrmrrr,�, Cardin Partnersi/%////////%i Ca 'aIEE�uiment Angel QI 0 /%%/,,, Krn Vision n Fish ical %0/%%% escue dies ��� a �r Inventp &Secure Storage S, lems %l�///// ,� 1Supp.rag1o1Uc6rwa sand 101s We are pleased to provide you with a competitive bid for the emergency medical supplies and equipment that you are seeking. Please conlact our Bids and Contracts Department at -53 with any questions. Thank you. Sincerely, Chad Truini Chad Truini Pricing Analyst, Bid&Contracts ocu i n Envelope IU 928529A3-2OC7-4Dl4-86BE-6578BABECFDI ATTACHMENT D.8 PUBLIC ENTITY CRIME STATEMENT "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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid,proposal,or reply 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 of real property to a 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, Florida Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Corey Case (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. aocu3lpned by: (Signature) Date: 11/14/2022 STATE OF: Ohio COUNTY OF: Franklin Subscribed and sworn to (or affirmed) before me, by means of tk physical presence or ❑ online notarization, on November 1 , 2022 (date) by Corey Case (name of affant). He/She is personally known to me or has produced (type of identification) as identification. IINI/114p11/ll//ry " BLAIR N BROWNING NOTAR LIC Altomey At Law , ®# * Notary Public,State of Ohio y Commission Expires: ®my comission has no expiration date `: Sm.147 03 R.0 1j,11111IIIINI Revised BOCC 611512022 Page 89 of 106 Docu5lgn Envelope ID:928529A3-2OC7-4014-868E-657BBASECFDI Monroe County Purchasing Policy and Procedures ATTACHMENT D.9 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Bound Tree Medical, LLC n (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officeror 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 Agreement without liability and may also, in its discretion, deduct from the Agreement 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." Oocu fined by, (Signature) Date: 11/14/2022 STATE OF: Ohio COUNTY OF: Franklin Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on November 14, 2022 (date) by Corey Case (name of affiant). He/She is personally known to me or has produced )w (type of identification) as identification. f_—NO iAKR ,- .. a M eyAt yCommission Expires: . t4olary Public State of Ohio My=nMissionno exprabon date Sac s47 d3 R C a .....r.Ir®,b o Fagg 90 of 106 Docu i®n Envelope ID:928529A3-2OC7-4D14-86BE-6576BABECFDI Monroe County Purchasing Policy and Procedures ATTACHMENT DA 1 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that: Bound Tree Medical,LLC (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Docu5igned by- rraSL lgna ure Date: 1111412022 STATE OF: Ohio COUNTY OF: Franklin Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on November 14.2022 (date) by Corey Case (name of affiant). He/She is personally known to me or O "RA produced u c e d �W°T (type of identification) as identification. �.�" I + GLAIR N BROWNING - Attorney At Law - a NotetY Public site of Ohio Notary Public MV isson 47a3acretrondate My Commission Expires: Sec s'ed BOCC 3/18/2020 Page 92 of 106 DoeuSign Envelope ID;928529A3-2OC7-4D14-86BE-657BBA8ECFD1 Monroe County Purchasing Policy and Procedures ATTACHMENT D.12 VENDOR CERTIFICATION REGARDING SCRU1INIZE12 COMPANIES LISTS Project Description(s):Purchase of Medical Supplies and Pharmaceuticals Respondent Vendor Name: Bound Tree Medical,uC Vendor FEIN: 31-1739487 Vendor's Authorized Representative Name and Title: Corey Case-Senior Vice President„Marketlng Address:5000 Tuttle Crossing Blvd. City:Dublin State:OH Zip:43013 Phone Number: 800,533.0523 Email Address: submitbids@Boundtres.com Section 287.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135,Florida Statutes,also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. 1 understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business o erations in Cuba or Syria. Certified By:Corey case who is authorized to sign on behalf of the a ov7�, er nced company. Authorized Signat r aSG Print Name:Corey Cs � nseecz<sz Title:Senior Vice President,Marketing Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted suspended discriminatory complaints vendor lists Revised BOCC 3/1 /2020 Page 93 of 106 SARNINC-01 JGOLDBERG ACORO"° CERTIFICATE OF LIABILITY INSURANCE DAT/17/2D/YYYY) 023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Daniel R NAME: . Gunter Thompson Flanagan Executive Liability Group PHONE FAX -1551 626 W.Jackson Blvd.5th Floor (A/C,No,Ext): (312)239-2890 No>:(312)263 Chicago,IL 60661 E-MAIL dgunter@thompsonflanagan.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co. of America 25674 INSURED INSURER B: Sarnova,Inc.Bound Tree Medical,LLC INSURER 7 5000 Tuttle Crossing Blvd. P.O.Box 8023 INSURER D: Dublin,OH 43016 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl JJECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT BODILYdINJtURY Per person) $ ANY AUTO1r4 OWNED SCHEDULED � " AUTOS ONLY AUTOS 4 j a m�� BODILY INJURY Per accident $ HIRED NON-OWNED y Zn. l7 PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY q Per accident $ UMBRELLA LIAB OCCUR WAMM EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION X PER ORH- AND EMPLOYERS'LIABILITY STATUTE E Y/N UB 3P279151 12/1/2022 12/1/2023 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1111 12th St.,Suite 408 Key West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �•—� DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE I 12/15/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this °--' certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT R NAME: AOn Risk services Northeast, Inc. PHONE FAX w Columbus OH Office (A/C.No.Ext): (866) 283-7122 A/C No : (800) 363-0105 445 Hutchinson Avenue E-MAIL = Suite 900 ADDRESS: Columbus OH 43235 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: PrOAssurance Specialty Insurance company 17400 Sarnova, Inc., Bound Tree Medical, LLC INSURER B: Federal Insurance company 20281 5000 Tuttle crossing Blvd. Dublin OH 43016 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570096829779 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDNYYY MM/DD/YYyYL LIMITS B X COMMERCIAL GENERAL LIABILITY Y 36073395 12 01 2022 12 01 2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 rn POLICY �PEO ❑LOC PRODUCTS-COMP/OPAGG Excluded rn OTHER: o r B AUTOMOBILE LIABILITY Y 7363-09-65 12/01/2022 12/01/2023 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) 0 O OWNED SCHEDULED BODILY INJURY(Per accident) z AUTOS AUTOS ONLY "M HIREDAUTOS NON-OWNED PROPERTY DAMAGE tp ONLY AUTOS ONLY Per accident U 'E W B X UMBRELLA LIAB X OCCUR 78197881 12/01/2022 12/01/2023 EACH OCCURRENCE $10,000,000 O EX EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I RETENTION $10,000 WORKERS COMPENSATION AND I PER STATUTE I OTH EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Products Liab N220H380021 12/01/2022 12/01/2023 Aggregate Limit $10,000,000 claims Made Agg Deductible $150,000=_ Per Occ Limit $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Account No. 104754. Monroe county BOCC is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. see Attach Addendum for Named Insured Includes. _ y, CERTIFICATE HOLDER CANCELLATION I - WAW SHOULD ANY OF IHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe county BOCC AUTHORIZED REPRESENTATIVE 1111 12th St., suite 408 Key West FL 33040 USA ea4G�9a c����6G7E( c-f IOL�� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks ofACORD AGENCY CUSTOMER ID: 570000037575 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. Sarnova, Inc. , Bound Tree Medical , LLC POLICY NUMBER See Certificate Number: 570096829779 CARRIER I NAIC CODE See Certificate Number: 570096829779 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR POLICYNtiNIBER LLIIITS EFFECTIVE EXPIRATION LTR TYPE OF LNStiRANCE INSD WVD DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) OTHER A Products Liab N220H380021 12/01/2022 12/01/2023 Per occ $50,000 claims Made Deductible ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000037575 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. Sarnova, Inc. , Bound Tree Medical , LLC POLICY NUMBER See Certificate Number: 570096829779 CARRIER NAIC CODE see Certificate Number: 570096829779 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Named Insured Includes 1. 5arnova, Inc. FEIN: 262386055 2. Bound Tree Medical Products, Inc. FEIN: 731646550 3. Tri-Anim Health services, Inc. FEIN: 952959155 4. Bound Tree Medical , LLC FEIN: 311739487 5. 5arnova HC LLC FEIN: 262549813 6. Emergency Medical Products Inc. FEIN: 391164909 7. Cardlovascular Concepts, Inc. FEIN: 751835412 ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD DATF(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1 t/0/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE T AFFIRMATIVELY NEGATIVELY AMEND, ALTERT COVERAGE AFFORDED Y POLICIES BELOW. I CERTIFICATE F INSURANCE ES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINGINSURER(S), AUTHORIZED REPRESENTATIVE O PRODUCER,AND E CERTIFICATE HOLDER. IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED Provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate not confer rights tote certificate holder in lieu of such ender rrlent(s). _PRODUCER CONTACT 13 Ann Risk Services l4or°thea.stµ Inc. _. .. Columbus (m Office AD. Eacky f3trD 2iW1-y1�2 �° Qfi�DC"1 ��� 01.D4 445 WWultchi nson Avenue E-MAIL suite ¢M ADDRESS: Columbus om 4323!S USA INSURER(S)AFFORDING COVERAGE NA➢G 0 INSURED INSURER A: Hartford Fire Insurance Co. 19682 sarno'wa, Inc., Round Tree medical, LI.0 INSURER B: Hartford casualty :Insurance Co, 29424 5000 Tuttle Crossing USA IIW'Iroed. INSURER Noetic Specialty Insurance Co 17400 Dubl°In 4.3a:i6 a Ir � INSURER D: I URER E: lw�uRERm'� COVERAGES CERTIFICATE NUMBER:570090448076 REVISION DUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT'NM°Ifl"H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF,13UCEI POLICIES.LIMITS SHOW 14 MAY HAVE BEEN REDUCED BY PAID CLAIMS" Limits shown are as foruestad LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMMADDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY UUNVG EACH OCCURRENCE $5.,000,000 CLAIMS-MADE .®UR fT EN _ - $300,000 ppr aced Risk nageme It ith tt tlments PRE RISES dd a moaerren BLED EXF(Any one pemon) $10,aQa PERSONAL SADY NJUIRY $1,000,000 ¢� I �I CEN_E.R_A..._L..A....C..�G_F&_C� iW.E.._._..__._ $_2_.,..0 .....0 ._._0 ._.,._ aaa PLw.r;y c PR0I:%,ICrro CCUPIOPAGO EXCluded JECrGENL AGGREGATE LIMIT APPLIES PER: 1 ®19- 021 •... HER: A AUTOMOBILE LIABILITY Y 3 UEN FH4745 12101.12021 12/01/2022 . COMBINED SINGLE.LINUT $1„000,000 y( ANY AUTO UEL10ILy Wd'+LaUll'Vyf Pep'U' irvp .__..� OWNEDSCWiEDULE:D BODILY KILI UY(IlW ro>tly ddentl _ 0 " FA'r15 AkW4 IN �W NE0�AJrO CKI:Y PROPERTY DAMAGE C*R V AUTOS ONLY •,(Y'er ecoidrtru � .� a P� ® X UMBRELLA rW O(X.APR 3-RFWt9Vt;3.�92 .2 2. A 7.. EACH OU'.'•CURPBEIekCE $la,as ,aaa EXCESS LIAB LAWS-MADE AGGREGArE $10,000,000 _ RFTE:IdTIdN tXD,,61IlCd .. .-.._.. _.�__.......a.....w_________ DE.FX WORKERS COMPENSATION AND _..PER STATUTE raTH- EMPLOYERS'LIABILITY YIN �-' ANY PROPMETOR/PARTNER/EXECUTIVE. IE I_EACH AOCIDE:N'r ..... 0FRCENMEMBER EXCLUDED? N/A ..... ___.__._........... .......__�___...__._. (Mandatory In MR) E.L DISEASE EA EMPLOYEE:- . It yyes,desedbs under DE.SCFIIPTUN OF OPERATIONS below E.L.DISEASE POLICY LOAM c Products L.iais IN21OH380025 12/01./2021 12/01/2022 Aggregate Limit $1.01000,000 Claims made Agg Deductible $150,000 11:w OCC L°fldt $10,000,000 DESCRIPTION EHICLES CORD e,any be aftechod If pace Is y y policies. seas Attach Addendum for (Named Insured 1 RE: Account®F No 1047 r4 Munroevtounr (ro c`Bois Included as�Additional Insured o n�accordance with the policy pr°ovis°iorus of� tha IV General Liability and AwutoPWtvbv"lsr Lia�iiit 1',ncludes,. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISW Monroe County If$OS C AUTHORIZED REPRESENTATIVE 1.111 12th St, suite 408 Key West FL 33040 USA � 11 -2015 ACORD CORPORATION.All rights reserved. C (2016/03) The ACORD name and logo are registered marks of ACORD . AGENCY CUSTOMER ID. 570000037575 LOO : ADDITIONAL REMARKS SCHEDULE Ao�rac� NAMEa INSURED Aon �SIe selviOes Northeast, Inc. sa move , Inc., Bound Tree medical, LLC PMJCY NUMBER see certificate Number. 570090448076 a:ARRIER see certificate NLIMbeIr, 570090448076 LlFl`a'.a:nlVEDAnE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO AOORD FORM, FOR NUMBER: ACORD 25 F T LE: Cel41tloate of Liability kisura nce INSURER(S)AFFORDING COVERAGE INSURER INSURER INSURER INSURER , PO KIPS If a policy Wow does not i nDlaide finlit infon"nanaxition,refer to the con'mponding policy on the ACORD certificate 6"onn.for poky limits. POLICY POLICY INSH ADDL SC.JBR POLICY NUMBER EFrECTTV9 EXIMATION LLJAWTS' UTR TYPE Off?INSURANCE IN.SO WVD 49A7CP: DATE, (MM/DDIYYYY) (MMA;)DNYYY) OTHER c Products Jab N21OH380025 1.210112021 12/01/2022 Per face: $50,000 Claims made Deductible o ACORD 101 g 1) 02 ACODD CORPORATION,All rights re The ORD name and logo am registered marks of ACORD AGENCY CUSTOMER ID: 5700070037575 M 00 ADDITIONAL REMARKS SCHEDULE Page of !AGENCY NAMEWNSURED Aon Risk services Northeast, Inc.. saw°nova„ Inc., iaoaund Tree medical, n...N...0 POLICY NU SER see Certificate Number: 570090448076 CARRIER NA.IC CODE see certificate ber: 57009044 076 ErFECPIWE rDA"rr.: ADDITIONAL REMARKS IS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: AOORD 25 FORM TITLE: Certificate of Liability Insurance Named :[insured includes 1. sarnova, Inca FEIN: 262386055 2. Bound Tree medical Products, anew VEIN: 731646550 3. Tri-Aniruu Health services, Inc, FEIN: 952959155 4. Bound Tree medical, LLC FEIN:: 311739487 5. sarnova HC LLC FEIN: 262549 13 6. timer encyo medical Products Inc. FEIN,. 3911.64909 7, Card ovascular Concepts, Inc. FEIN:: 751, 35412 ACOR0101( 01) W 2WO ACORN CGRPORATIOM All rights reserved. The ACORD name and Ingo are registered snarls of ACORD