HomeMy WebLinkAboutParticipating Addendum 2PARTICIPATING ADDENDUM
NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS
(NASPO) / State of OKLAHOMA
Under authority of
Contract #SW60300, Automated Extemal Defibrillators, Related Equipment and Supplies
between the State of Florida and Medtronic ERS
1. SCOPE:
The State of Florida, Department of Management Services (the "Department") is authorized by S.
287.042(16), Florida Statutes, to evaluate contracts and, when determined in writing to be cost-effective
and in the best interest of the State, to enter into an agreement authorizing all Eligible Users (as that phrase
is defined in Rule 60A-1.005, FL Admin. Code) to make purchases from such contracts.
The Department hereby grants all Eligible Users permission to make purchases under National Association
of State Procurement Officials (NASPO) / State of Oklahoma Contract #SW60300 entitled "Automated
Extemal Defibrillators, Related Equipment and Supplies" subject to the terms contained in this Participating
Addendum (the "Participating Addendum").
2. CHANGES:
2a) PUR 1000 Form: The Department of Management Services Purchasing Form PUR 1000 is hereby
incorporated into and made part of the Participating Addendum as "Attachment A" hereto. If there is a
conflict between the terms and conditions provided in this Participating Addendum and the PUR 1000, the
terms provided in the Participating Addendum shall control.
2b) Effective Date: The Participating Addendum shall become effective on the last date signed below and
shall remain effective as long as Contract #SW60300 is in effect, including contract being extended and/or
renewed, unless terminated earlier pursuant to Florida law or as provided in the Participating Addendum or
the PUR 1000. Therefore, as is within the control of the parties, the parties agree that the term of this
Participating Addendum will continue for its stated term, whether as part of an extension or renewal of the
current contract.
2c) Orders: In order to procure products hereunder, buyers shall issue purchase orders referencing this
Participating Addendum or use of a credit card. Buyers are responsible for reviewing the terms and
conditions of this Participating Addendum and Contract #SW60300 referenced above. Neither the
Department nor NASPO / Oklahoma are a party to any purchase order issued hereunder.
2d) MvFloridaMarketPlace (MFMP) Transaction Fee: The State of Florida has instituted
MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23)
F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall
pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when
possible, be automatically deducted from payments to the Contractor. If automatic deduction is not
possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By
submission of these reports and corresponding payments, Contractor certifies their correctness. All such
reports and payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any
item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor.
Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or
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declined, due to the Contractor's failure to perform or comply with specifications or requirements of the
agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default
and recovering re -procurement costs from the Contractor in addition to all outstanding fees.
CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM
CONDUCTING FUTURE BUSINESS WITH THE STATE.
The Department reserves the right to further revise the collection and reporting requirements in conjunction
with alterations to the System.
2e) Annual Appropriation of Funds: The following statement is required pursuant to section 287.0582, F.S.:
"The State of Florida's performance and obligation to pay under this Participating Addendum is contingent
upon an annual appropriation by the Legislature." The Department acknowledges that the costs incurred
by it in administering this Participating Addendum are fully funded by the transaction fee provided for under
Paragraph 2d above. The Contractor shall comply with sections 11.062, F.S. and 216.347, F.S. prohibiting
the use of funds to lobby the Legislature, Judiciary or State agencies.
2f) Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances, and
licensing requirements that are applicable to the conduct of its business, including those of federal, State,
and local agencies having jurisdiction and authority. By way of non -exhaustive example, Chapter 287 of the
Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of
further non -exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and
Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the
basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of
such laws shall be grounds for Contract termination.
2g) Conflict: In the event any of the terms herein conflict with the terms of the Contract, the terms of this
Agreement shall control. All other terms of the Contract remain in full force and effect. Contractor waives
and releases any and all claims for additional compensation arising out of or relating to this Agreement.
2h) Other Eligible Users: If any additional ordinance, rule, or other local governmental authority requires
additional contract language before an Eligible User can make a purchase from the contract referenced
above, in lieu of this Participating Addendum the Eligible User is responsible for signing a separate
Participating Addendum with the Contractor.
3. PRIMARY CONTACT:
The primary contact for the State of Florida for this Participating Addendum is as follows:
Name: Barbara Carter, Purchasing Analyst
Agency: Department of Management Services, Division of State Purchasing
Address: 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950
Telephone: 850-487-6592
Fax: 850-414-6122
E-mail: Barb.Carter@dms.myflorida.com
The primary contact for the Contractor for this Participating Addendum is as follows:
Name: David Albright, Bids Coordinator
Agency: Medtronic ERS
Address: 11811 Willows Road NE, Redmond, WA 98052-2003
Telephone: 800-442-1142 ext. 4169 or 425-867-4167
Fax: 425-867-4970 or 800-732-0956
E-mail: dave.albright@medtronic.com
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4. CONTRACT NUMBER:
All purchase orders issued by purchasing entities within the State of Florida shall include contract number
SW60300. Unless otherwise provided by Florida Law, statute, rule or this Participating Addendum, the
Department will not implement any additional restrictions on any Eligible User to purchase off this
Participating Addendum. State Agencies will not be required to submit a PUR 7102, Alternate Contract
Source form, for purchases related to this Participating Addendum.
5. ACCESS TO THIS PARTICIPATING ADDENDUM:
The Department agrees that is shall make this Participating Addendum available to all Eligible Users as a
state-wide contracting vehicle option to be used at the discretion of Eligible Users, including, without
limitation, placement on the MyFloridaMarketPlace website, accessible to all Eligible Users.
6. MISCELLANEOUS:
This Agreement and the State of Oklahoma solicitation documents, together with its exhibits, set forth the
entire agreement between the parties with respect to the subject matter of all previous communications,
representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms
and conditions inconsistent with, contrary or in addition to the terms and conditions of this Agreement and
associated exhibits, shall not be added to this Agreement, by any subsequent purchase order or otherwise
and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and
conditions of this Agreement and its exhibits shall prevail and govem in the case of any such inconsistent or
additional terms.
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by
both parties below.
STATE OF FLORIDA,
Dept. anaa em nt Services Contractor: MEDTRONIC ERS
eminent i (Corpo name)
By: By:
Name: 2, i 7trrrf� %co r/fittCe-
Title: ��ye,ckor} S�0.�e R.,,c-GV‘o,stn Title: 5;e. /904/;--ar [i 4c7 ,.0 4/-
Date: j:a 71 '
Name: R--ss Rokh..r.o.v,
Date: Mort, \ zoo 6
Approved as to Form and Legality,
Offica General Council:
TJ ✓
Signature
Pitt
Enclosure: Attachment A, PUR 1000 Form
Date
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