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Resolution 421-1989 James R. Paros Public Safety Division RESOLUTION NO. 421 -1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ON BEHALF OF MUNICIPAL TAXING DISTRICT NO. 6 AUTHORIZING THE CHAIRMAN TO EXECUTE A CONTRACT AGREEMENT WITH PHYSIO CONTROL CORP. IN THE AMOUNT OF $4,380.00 CONCERNING MAINTENANCE OF BIOMEDICAL EQUIPMENT BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Chairman/Mayor is hereby authorized to execute a Contract Agreement between Physio Control Corporation and Monroe County, copies of same being attached hereto, concerning maintenance of biomedical equipment for Municipal Taxing District No.6. PASSED AND ADOPTED by the Board of County Commissioner of Monroe County, Florida, at a regular meeting of said Board held on the.?J~ day of ~, A.D. 19jj. L """ 0: s:? C BOARD OF COUNTY COMMISSIONERS c. ..- OF L, a: MONROE COUNTY, FLORIDA (, .)f CO ..- ~. L. (..!:) /)//~#/4 ::;:) ;II,.".l....L.. C, <::C ,.0 W .~...) oc: By .....J ~ "'4,. :z C::J 0 Mayor/Chalrman l.L :L (Seal) Attest: DANNY 4 ~OLIjAGE:. glerk ~/ Approved as to form and legal sufficiency. By: (&k", ~ attp~ County Attorney's Office CONTRACT THIS AGREEMENT, made and entered into this day of 1989 A. D., by and between the Board of County Commissioners, Monroe County Florida, behalf of Municipal Taxing District No.6. hereinafter "DISTRICT" and Physio Control Corporation, hereinafter "CONTRACTOR". WITNESSES: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: I. SCOPE OF THE WORK A. The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all other work as described in the Specification, Request for Proposal, as attached, and as described in proposal as furnished by the CONTRACTOR. II. CONTRACT SUM A. The DISTRICT shall pay to the CONTRACTOR for the faithful performance of the Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents. B. Based upon the price shown in the Proposal herewith submitted to the DISTRICT by the CONTRACTOR, a copy of the Proposal being a part of these Contract Documents, the aggregate amount of this Contract in the sum of Four thousand three hundred eighty dollars ($4,380.00). III. CONTRACT TERM A. The con tract shall commence on April 1, 1989 and expire on September 30, 1990. IV. CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The CONTRACTOR has carefully ex~ined the conditions of the site/equipment and has made sufficient investigation to fully satisfy himself that such site/equipment is a correct and suitable one for this work, and he assumes full responsibility therefor. The CONTRACTOR understands all provisions of this Contract and of the Specifications and agrees to their sufficiency for the work to be done. Under no circumstances, conditions or situations shall this Contract be more strongly construed against the DISTRICT than against the CONTRACTOR. B. Any ambiguity or uncertainty in the Request for Proposal, drawings or specifications shall be interpreted and construed by the DISTRICT, and the decision shall be final and binding upon all parties. C. The approval of any part of the work or material by the DISTRICT, or by its agent, as being in compliance with the terms of this Contract, or the Request for Proposal, drawings and specifications, shall not operate as a waiver by the DISTRICT of strict compliance with the terms of any other part of this Contract, Drawings or Specifications. D. The DISTRICT may require the CONTRACTOR to repair or replace part or all of the work or materials which within a period of one year after the date of the acceptance of any such work or material, are found to be defective or to fail in any way. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement within one year. The CONTRACTOR shall be liable to the DISTRICT for all damage, loss, and expense caused to the DISTRICT by reason of breach of this contract or his failure to comply strictly with the contract and Drawings and Specifications. F. The Contractor shall defend, indemnify and hold the DISTRICT, its officials, employees and agents harmless, from any and all claims, liabilities, losses and causes of action which may arise out of the performance of the Contract except such claims, liabilities, losses and causes of action which may arise because of the DISTRICT I S negligent actions or omissions. Compliance with the insurance requirements shall not relieve the CONTRACTOR from the obligations imposed by this article. V. INSURANCE A. The CONTRACTOR shall furnish proof of insurance, in a form acceptable to the DISTRICT as required in the Request for Proposal. VI. PARTIAL AND FINAL PAYMENT A. The CONTRACTOR shall invoice the DISTRICT,in arrears, in equal monthly installments. Invoices shall be submitted to the Monroe County EMS Director, 5192 Overseas Highway, Marathon, Florida 33050, for approval and processing. IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first above written. BOARD OF COMMISSIONERS, COUNTY, FLORIDA COUNTY MONROE (SEAL) Mayor/Chairman Attest: Danny L. Kolhage, Clerk Clerk PHYSIO CONTROL CORPORATION (CORPORATE SEAL) Authorized Representative Attest: AIIMOWD Al1O/fGItM AND LEGAL Slllf1tJJ6lCr. /lY (~Lv,:,~'\Y, r.~1 ...,..,.. Page No. 2