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Item G2 Meeting Date: February 21, 2007 Bulk Item: Yes No X BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMMARY Division: Emergency Services Department: Fire Rescue Staff Contact PersonlExt: Camille Dubroff X 6010 AGENDA ITEM WORDING: Approval to award bid and enter into an agreement between Board of Governors Fire and Ambulance District 1 of Monroe County and Roy Khanna for maintenance of Fire Rescue ambulances, including quarterly inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. ITEM BACKGROUND: On January 3,2007 sealed bids were opened for maintenance of Fire Rescue ambulances, including quarterly inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. Roy Khanna was the only bidder. We are requesting that the Board accept the Roy Khanna bid and enter into an agreement commencing on March 1, 2007 and ending February 29,2008. The agreement provides for annual renewals for up to three (3) one- year periods, with the approval ofthe Board. The previous agreement was with Roy Khanna which expired on September 30, 2006 and was extended on a month to month basis while the bid process was under way. Itemized pricing for the hourly labor rate was increased from $65.00 to $73.00 and the quarterly preventative maintenance ambulance inspection rate was increased from $239.00 to $26~.~0. PREVIOUS RELEVANT BOG ACTION: On August 16, 2006 the Board approved to advertise for sealed bids for the maintenance of Monroe County Fire Rescue vehicles (ambulances), including inspections, preventative maintenance, and unscheduled maintenance and repairs resulting from failure or malfunction. On September 20, 2006 the Board approved an extension to the Roy Khanna agreement for maintenance of Monroe County Fire Rescue vehicles (ambulances), including inspections, preventative maintenance, and unscheduled maintenance and repairs resulting from failure or malfunction, which expires on September 30, 2006, on a month-to-month basis pending execution of a new agreement. CONTRACT/AGREEMENT CHANGES: The hourly labor rate increased from $65,00 to $73.00 and the quarterly preventative maintenance ambulance inspection rate increased from $239.00 to $265.00. STAFF RECOMMENDATIONS: All conditions of the previous agreement have been met and services provided have been satisfactory. Staff recommends entering into a new agreement with Roy Khanna. TOTAL COST: $75.000 * BUDGETED: Yes X No *Estimate based on last year costs ($67,516.00) plus an 11% increase ($7.484.00) which reflects the new hourly labor rate of $73.00. preventative maintenance inspections at $265.00. and all parts. fluids and lubricants at cost plus 25%. COST TO COUNTY: same as above. SOURCE OF FUNDS: Ad Valorem Taxes REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty\.\.l~~MBlPurchasing YES Risk Management YES DOCUMENTA nON: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 8/06 MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY Meeting Date: February 21,2007 Division: Emergency Services Bulk Item: Yes No X Department: Fire Rescue Staff Contact Person/Ext: Camille DubroffX601O AGENDA ITEM WORDING: Approval to award bid and enter into an Agreement between Board of Governors Fire and Ambulance District 1 of Monroe County and Roy Khanna for maintenance of Fire Rescue ambulance, including quarterly inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. ITEM BACKGROUND: On January 3, 2007 sealed bids were opened for maintenance of Fire Rescue ambulances, including quarterly inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. Roy Khanna was the only bidder. Weare requesting that the Board accept the Roy Khanna bid and enter into an agreement commencing on March 1, 2007 and ending February 29,2008. The agreement provides for annual renewals for up to three (3) one-year periods, with the approval of the Board. The previous agreement was with Roy Khanna which expired on September 30,2006 and was extended on a month to month basis while the bid process was under way. Itemized pricing for the hourly labor rate was increased from $65.00 to $73.00 and the quarterly preventative maintenance ambulance inspection rate was increased from $239.00 to $265.00. PREVIOUS RELEVANT BOG ACTION: On March 19,2003 the Board approved an agreement with Roy Khanna for maintenance of Fire Rescue vehicles (Ambulances) including inspections, preventative maintenance, and unscheduled maintenance and repairs resulting from failure or malfunction. On September 17, 2003, the Board approved a renewal agreement to extend the contract with Roy Khanna for the first one-year period, effective October 1, 2003 through September 30,2004. On September 21,2004, the Board approved a renewal agreement to extend the contract with Roy Khanna for the second one-year period, effective October 1, 2004 through September 30,2005. On September 28,2005, the Board approved a renewal agreement to extend the contract with Roy Khanna for the final one-year period, effective October 1, 2005 through September 30, 2006. On December 21, 2005 an approval by the board for amendment to the agreement with Roy Khanna for the maintenance of Fire Rescue vehicles (Ambulances), amending Section 6 in order to eliminate the requirement for Contractor to provide a copy of original parts supplier invoices for all parts under $200.00. On August 16, 2006 the Board approved to advertise for sealed bids for the maintenance of Monroe County Fire Rescue vehicles (ambulances), including inspections, preventative maintenance, and unscheduled maintenance and repairs resulting from failure or malfunction. On September 20, 2006 the Board approved an extension to the Roy Khanna agreement for maintenance of Monroe County Fire Rescue vehicles (ambulances), including inspections, preventative maintenance, and unscheduled maintenance and repairs resulting from failure or malfunction, which expires on September 30, 2006, on a month-to-month basis pending execution of a new agreement. 1 CONTRACT/AGREEMENT CHANGES: The hourly labor rate increased from $65.00 to $73.00 and the quarterly preventative maintenance ambulance inspection rate increased from $239.00 to $265.00. STAFF RECOMMENDATIONS: All conditions of the previous agreement have been met and services provided have been satisfactory. Staff recommends entering into a new agreement with Roy Khanna. 2 MONROE COUNTY BOARD OF GOVERNORS CONTRACT SUMMARY Contract #_ Effective Date: Expiration Date: ContracUAgreement Roy Khanna With: 3/1/2007 2/29/2008 Contract! Agreement Purpose/Description: Maintenance of Fire Rescue Vehicles Ambulances including inspections. preventative maintenance. and unscheduled maintenance and repairs resulting from failure or malfunction. Contract Manager: Camille Dubroff (Name) 6010 (Ext.) Emergencv Services / Stop 14 (Department/Stop #) for BOG meeting on 2/21/2007 Agenda Deadline: 2/6/2007 Total Dollar Value of Contract: $75,000.00* Budgeted? Y es~ NoD Grant: $ County Match: $ CONTRACT COSTS *Estimate based on last "ear costs ($67.516.00) plus an 11% increase ($7.484.00) which reflects the new hourly labor rate 0[$73.00. preventative maintenance inspections at $265.00. and all Darts. fluids and lubricants at cost Dlus 25%. Account Codes: 13001-530462-_-_-_ Current Year Portion: $ FY 07- $43,750.00 - - - - - - - --............. -- - - --- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Division Director Risk Mana~ment 1\ ~ ",ooP I=r V \~\\ o .l\tB./Purcliasing County Attorney Comments: CONTRACT REVIEW Changes Date In Needed. ~Viy~r ~~;;7::~::~ nl-scr #YesDN00 =t= ~ /-/6-:2D07YesONo[Y .~;(~~ Date Out ./';2 7/#7 1-/ -07 OMB Fonn Revised 2/27/01 MCP #2 AGREEMENT BETWEEN THE BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA AND ROY KHANNA FOR MAINTENANCE OF MONROE COUNTY FIRE RESCUE TYPE I AMBULANCES THIS AGREEMENT, ("AGREEMENT") made and entered into this 21st day of February, 2007 by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, ("DISTRICT') and Roy Khanna, ("CONTRACTOR"). WITNESSETH: WHEREAS, CONTRACTOR represents that it is capable and prepared to provide ambulance maintenance services; and WHEREAS, the DISTRICT wishes to enter into an Agreement with Contractor for maintenance of Monroe County Fire Rescue Type I ambulances including inspections, preventive maintenance and unscheduled maintenance and repairs resulting from failure or malfunction; NOW, THERFORE, in consideration of the promises contained herein, the parties agree as follows: 1. CONTRACT DOCUMENTS - This contract consists of the Agreement, the CONTRACTOR'S submission response to the RFP "Attachment A': the documents referred to in the Agreement as a part of this Agreement and all attachments. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONTRACTOR will control. 2. CONTRACT PERIOD AND RENEWAL - The effective date of this Agreement shall be March 1, 2007 through February 29, 2008. This Agreement may be renewed annually for one (1) year terms, not to exceed three (3) renewals, subject to approval of the Fire Chief of Monroe County Fire Rescue, the Office of Management and Budget and the Monroe County Board of Governors Fire and Ambulance District 1. Renewals shall be increased by the Consumer Price Index (CPI). 3. CONTRACT TERMINATION - This Agreement may be terminated for any reason by either party on a 3D-day written notice without cause, If the CONTRACTOR fails to fulfill the terms of this agreement, or attachments, properly or on time, or otherwise violates the provisions of the agreement or of applicable laws or regulations governing the use of funds, the County may immediately terminate the contract by written notice. The notice shall specify cause. All finished or unfinished supplies or services shall, at the option of the County, become property of the County. The County shall pay the CONTRACTOR fair and equitable compensation for expenses incurred prior to termination of the agreement, less any amount or damages caused by the CONTRACTOR's breach. If the damages are more than compensation payable, the CONTRACTOR will remain liable after termination and the County shall pursue collection for damages. 1 4. SUBJECT MATTER OF CONTRACT - This Agreement is for performing scheduled general and preventative maintenance of all Monroe County Fire Rescue Type I ambulances, and for unscheduled maintenance and repairs resulting from failure or malfunction. See "Attachment S' for list of Ambulances. The amount of ambulances may be added and deleted throughout the life of this contract by Monroe County Fire Rescue. 5. RATES - The hourly rate shall be $73.00 per man hour with no travel time or mileage charge. The charge for conducting an ambulance inspection with each preventative maintenance performed will be $265.00. 6. WORK SCHEDULE - Regularly scheduled inspections and preventative maintenance shaH be conducted at such intervals as are approved by the DISTRICT and by the Manufacturer. The modular portion of the vehicle shall also be maintained in accordance with the manufacturer's recommendations. 7. PARTS, FLUID AND LUBRICANTS p All parts, fluids, and lubricants used for maintaining and repairing vehicles shall be supplied by CONTRACTOR and billed to the DISTRICT not to exceed 25% over cost. For parts $200.00 and over, a copy of original parts supplier invoices shall be attached to the bill. Contractor will be required to keep all original parts supplier invoices available at request by County for spot checking and auditing purposes. 8. ENGINE OIL AND FILTER CHANGE - CONTRACTOR shall complete drive train lubrication and any other fluids and/or filter changes as recommended by the manufacturer. 9. WEEKLY MAINTENANCE SCHEDULE - CONTRACTOR shall provide to the DISTRICT a preventative maintenance schedule that can be performed weekly by Monroe County Fire Rescue personnel. 10.MAINTENANCE INVOICE - CONTRACTOR shall provide an invoice at the completion of each scheduled maintenance repair. This invoice shall contain at a minimum, but not to be limited to, the following: (a) Starting date and time (b) Completion date and time (c) Billable labor hours (d) County Identification number of Apparatus serviced (e) Service performed (f) Parts used and cost (g) Name of service personnel (h) Vehicle mileage (i) Engine hours (if applicable) A copy of this invoice shaH be supplied to the Monroe County Fire Rescue within 30 days of the service. 11. COMMUNICATION - CONTRACTOR shall be available to be reached twenty-four (24) hours a day by telephone or paging device. 2 12. RESPONSE TO SERVICE REQUEST - CONTRACTOR shall have two (2) hours to contact Monroe County Fire Rescue upon initial notification. The contractor shall ensure that all maintenance and repairs are performed in a timely manner in accordance with operational needs. 13. CERTIFICATION - CONTRACTOR shall provide evidence satisfactory to the DISTRICT they are an Emergency Vehicle Technician (EVT) certified as Level III Master Ambulance Technician and Automotive Service Excellence (ASE) certified Master Medium/Heavy Truck Technician. 14. QUALIFICATIONS OF MAINTENANCE PERSONNEL - Unsupervised personnel performing maintenance, repairs, adjustments, and related work on the DISTRICT equipment shall be certified or experienced in the work to be performed. Personnel performing work who are not certified or experienced in such work shaH be directly supervised (in person) by an individual with such certification. 15. INDEMINIFICATION - The Respondent to whom a Agreement is awarded shall defend, indemnify and hold harmless the County as outlined below. The Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Respondent or alJY of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Respondent, its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the service is delayed or suspended as a result of the Vendor's failure to purchase or maintain the required insurance, the Vendor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. All property or equipment being directly maintained or repaired by CONTRACTOR shall be considered in its care, custody and control while such work is in progress and until physical control of such property or equipment is restored to the DISTRICT. "Attachment C", 16. LOCATION OF WORK - This Agreement covers ambulances located throughout Monroe County. 17. INSURANCE - During the term of this Agreement, the CONTRACTOR must keep in force and affect the following insurance: Worker's Compensation Statutory Limits 3 General Liability, including $300,000 Combined Single Limit Premises Operation or Products and Completed Operations $100,OOO/person; Blanket Contractual Liability $300,000/occurrence; Personal Injury Liability $50,000 Property Damage Expanded Definition of Property Damage Vehicle Liability $100,000 Combined Single Limit or (Owned, Non-Owned, and $50,000 per Person Hired Vehicles) $100,000 per Occurrence $25,000 Property Damage Garage Liability $300,000 Combined Single Limit $25,000 Garage Keepers Legal Liability Liability Monroe County shall be named as an Additional insured on the General Liability and Vehicle Liability policies. As required by "Attachments a'. "Attachments a' are attached and incorporated into this. . Agreement. 18. PAYMENTS - Payments shall be made by the DISTRICT pursuant to the Florida Local Government Prompt Payment Act after the completion of the rendered services on each vehicle and proper invoicing by the CONTRACTOR. All unscheduled maintenance and repairs resulting from equipment failure or malfunction requiring service shall be_ billed by the CONTRACTOR at the applicable rates as specified in Section four of this CONTRACT. The CONTRACTOR upon notification by the DISTRICT of an equipment failure or malfunction requiring unscheduled maintenance shall, in a timely manner investigate the problem and provide to the DISTRICT an estimate of the cost for repair and vehicle downtime. The CONTRACTOR upon receiving authorization to proceed from the DISTRICT shall effectuate such repair; upon completion of same the contractor shall notify the DISTRICT of the outcome and actual cost. The DISTRICT shall issue a separate purchase order for each occurrence of unscheduled maintenance and repair. 19. CONTINGENCY- Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. 20. 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. 21. OWNERSHIP OF THE PROJECT DOCUMENTS - The documents prepared by the CONTRACTOR for this Project belong to the DISTRICT and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 22. SUCCESSORS AND ASSIGNS - The CONTRACTOR shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the DISTRICT. Subject to the provisions of the 4 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. 23. NO THIRD PARTY BENEFICIARIES w Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 24. PUBLIC 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 date 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 DISTRICT's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on 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 of the amount of money involved or whether CONUSUL T ANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the DISTRICT if it or any subcontractor or SUBCONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 25. 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. 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 term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the DISTRICT or County Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, 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 DISTRICT. 26. 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. 5 In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, DISTRICT and CONTRACTOR agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. This Agreement is not subject to arbitration. 27. SEVERABILITY M 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 DISTRICT 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. 28. ATTORNEY'S FEES AND COSTS - The DISTRICT 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 attorney's fees, court costs, investigative, and out~ of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out.of-pocket expenses in appellate proceedings. 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. 29. BINDING EFFECT - The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the DISTRICT and CONTRACTOR and their respective legal representatives, successors, and assigns. 30. AUTHORITY - Each party represents and warrants to the other that the execution, delivery and periormance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 31. CLAIMS FOR FEDERAL OR STATE AID ~ CONTRACTOR and DISTRICT 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; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 32.ADJUDICATION OF DISPUTES OR DISAGREEMENTS ~ DISTRICT and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 15 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 6 33. 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, DISTRICT 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 of this Agreement or provision of the services under this Agreement. DISTRICT and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 34. NONDISCRIMINATION - CONTRACTOR and DISTRICT agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction 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. CONTRACTOR or DISTRICT 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX 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 amended (42 USC ss. 6101-6107) 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 (PL 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 patent records; 8) Title VIII 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. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, 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. 35. COVENANT OF NO INTEREST - CONTRACTOR and DISTRICT 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. 36. CODE OF ETHICS - DISTRICT agrees that officers and employees of the DISTRICT 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. 37. NO SOLICITATION/PAYMENT - The CONTRACTOR and DISTRICT warrant that, in respect to itself, it has neither employed nor retained any company or person, other than 7 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, or firm, 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 CONTRACTOR agrees that the DISTRICT shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 38. PUBLIC ACCESS " The CONTRACTOR and DISTRICT shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR and DISTRICT in connection with this Agreement; and the DISTRICT shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 39. NON-WAIVER OF IMMUNITY - Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the DISTRICT 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 DISTRICT be required to contain any provision for waiver. 40. 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 DISTRICT, when performing their respective functions under this Agreement within the territorial limits of the DISTRICT 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 DISTRICT. 41. LEGAL OBLIGATIONS AND RESPONSIBILITIES - on-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 DISTRICT, except to the extent permitted by the Florida constitution, state statute, and case law. 42. 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 DISTRICT agree that neither the CONTRACTOR nor the DISTRICT 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. 8 43. ATTESTATIONS AND TRUTH IN NEGOTIATION - CONTRACTOR agrees to execute such documents as DISTRICT 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 price 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. 44. 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. 45. 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 instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed by its duly authorized representative. - Attest: DANNY L. KOHLAGE, CLERK BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 By: Deputy Clerk By: Mayor/Chairman CONTRACTOR WITNESS: Roy Khanna Print Name: Print Name and Title Date: sus M. GRIMSLEY ASSISTANT COUNTY ~TTORNEY Date _ I - / & - CI 9 SUBMUSSION RESPONSE FORM Respondent's Name and Address: RiO Y Khanna 1033 Va1encia Road Key Largo, FL 33037 Telephone Numbers: (305) 453-1646 Office/Fax All amounts must be written and In number format. In case of a conflict between the amount in words and the amount In numbers, the amount in words shall control, I State thm I am authorized to submit this propoHI. Scheduled Maintenance for Preventative Maintenance: Hourly Rate: $ 73.00 Charge for conducting ambulance Inspection with each preventative maintenance performed: Charge for Ambulance inspection: $ 265.00 Unscheduled Maintenance Resulting from equipment malfunction or failure requiring service: Hourly Rate Parts to be marked up by: $ 73.00 25 % over cost to the Contractor bBiddeFl STATE OF f J ~~'- COUNTYOF p"j ....&....u.- Sole Ori'oar 12-27-06 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Ro 'f Khanna indMduai signing) aim -d. .J- who, after first being sworn by me, (name of his/her signature in the space provided above on this ~ .206~ Attachment A (1 of 1) VEHICLE CURRENT MONROE COUNTY FIRE RESCUE AMBULANCES Radio Prime or Call BIG COP PITT BIG COPPITT CUDJOE BIG PINE CONCH KEY TAVERNIER TAVERNIER USAR VEHICLE TRAINING 2006 Ambulance 2001 FORD AMBULANCE 2001 FORD AMBULANCE 2002 FORD AMBULANCE 2001 FORD AMBULANCE 1999 FORD AMBULANCE 1997 FORD AMBULANCE 1994 F 450 FORD 1997 FORD F450 AMBULACNE 2FZAXFCS76A V92511 1 FDXF46F81EC33365 1 FDXF46F61EC33364 1 FDXF46F22ED14878 1FDXF46F41 EC33363 1FDXF46F9XEB99283 1FDLF47F8VEA18040 1 FDLF47M8REA52323 1 FDLF478VEA73393 Attacmnent B (1 of 1 ) 5098 1416-208 1416-207 1416-215 1416-206 1416-120 1416-080 1417-151 1416-059 Prime R-9 Backup R-109 Prime R-11 Prime R-13 Prime R-i7 Prime R-22 Backup .;=fl12~ USAR BLS R-39 ,. SUBMISSION RESPONSE FORM Respondent's Name and Address; Ro y Khanna 1033 Va1encia Road Key Largo, FL 33037 Telephone Numbers: (305) 453-1646 Office/Fax All amounts must be written and in number format. In case of a conflict between the amount in words and the amount in numbers, the amount in words shall control. I State that I am authorized to submit this proposal. Scheduled Maintenance for Preventative Maintenance: Hourly Rate: $ 73 .00 Charge for conducting ambulance inspection with each preventative maintenance performed: Charge for Ambulance inspection: $ 265.00 Unscheduled Maintenance Resulting from equipment malfunction or failure requiring service: Hourly Rate $ 73.00 Parts to be marked up by: 25 % over cost to the Contractor ~~Bidder) So1e Ow-nar STATE OF f I ~-- COUNTY OF ?.J... ~ 12-27-05 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Roy Khanna individual signing) affixe ., .J- o da who, after first being sworn by me, (name of his/her signature in the space provided above on this .~ ,20 6 ~ Attachment A (1 of 1) 24 MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners AND Board of Governors for District I, its seIVants, agents and employees from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain tne required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. e~- Bidder's Signature Sole Owner 12-27-06 Date Tes Attachment C (1 of 1) 26 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre~requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this - contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: iX Certificate of Insurance - on file or o A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. Attachment D (1 of 8) 27 The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Attachment D (2 of 8) 28 INSURANCE AGENrS STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY HC-L y~ ~ lif DEDUCTIBLES So () Liability pOlicies are ~ccurrence _ Claims Ma~ ~ "So "'- J A: II trL- I" s kJ.... I nsurance Agency Sig atur - ~_L~ G BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. ~.r.;;01e OVller 12-27-06 Signature INSCKLST Attachment 0 (3 of 8) 29 GENERAL liABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: o Premises Operations o Products and Completed Operations o Blanket Contractual Liability o Personal Injury Liability o Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should Include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies Issued to satisfy the above requirements. Gl1 Attachment 0 (4 of 8) 30 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: o Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimurn limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL1 Attachment 0 (5 of 8) 3] GARAGE liABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the servicing and/or repair of County~owned vehicles, the Contractor will be required to purchase and maintain a Garage Policy to include Garage Liability Insurance extending to vehicles, owned or leased by the County, left with the Contractor for servicing, repair, storage, or safekeeping. Coverage should include, as a minimum: o Premises and Operations Liability o Vehicle liability o Contractual Liability o Products and Completed Operations liability o Garage Keepers' Legal liability, to include: Comprehensive and Collision The Garage Keepers' Legal Liability shall extend to all County-owned/leased vehicles in the care, custody, and control of the Contractor. The Contractor's insurance shall be primary to any coverage maintained by the County. The minimum limits acceptable shall be: $300,000 Combined Single limit (CSL) for liability $ 25,000 Garage Keepers' Legal Liability The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GK1 Attachment D (6 of 8) 32 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR. CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term ofthe contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status, The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 Attachment D (7 of 8) 33 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of I nsurance Requirements, be waived or modified on the following contract: Respondent Ro.i Khanna Maintenance of fire rescue ambulance including inspections preventative maintenance, and Contract for: nn~rhpnnlpn m;::Jint:p.n;:tnC'e and repairs resu1tin9 from failure or malfunction. Address of Respondent 1033 Valencia Road, Key Lar~o, FL 33037 Phone: Scope of Work: (561.) 312-9792 Cell (305) 453-1646 Office/Fax Stated A.bove Reason for Waiver: I perform maintenance and repairs on ambulances on site (garage liability waiver) Policies Waiver will apply to: Signature of Respondent: {V~"...-. Sole Owner ~ ''/ Approved -;;::-?- . Risk Management: f6), Sa:.<<~ Date: t ..- 6.~-V '7 Not Approved County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Meeting Date: m ~ _ 2 - Respondent~~r Not Approved 12-27-06 SIGNATURE Attachment D (8 of 8) 34 NON-COLLUSION AFFIDAVIT I, Roy Khanna city of Key Largo and under penalty of perjury, depose and say that; 1) lam Roy Khanna the Proposal for the project described as follows: , of the according to law on my oath, , the bidder making Maintenance of the Monroe County Fire Rescue T:t1?e I Ambulances 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATE OF f( nJ t:..- COUNTYOF ~,Ji- 75~ Signature of Bidder) Sole Owner 12-27-05 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Roy Khanna who, after first being sworn by me, (name of individual signing) affixed,\his/her signature in the space provided above on this ~aYf.f /..J.<.-u- ~ , 20 () " . /L <iJ-e< b b My commission expires: ""I I I NOTARY PUBLIC I{II b J AiN~f'>t'~"',ij J'!" BRENDA R. WEBB ~~ MY COMMISSION fI DD416m ~A 001Rl3S: July 11.2009 ~A#,T n. N:lIzIyflioa:Jlml ^= 0:>. OMB - MCP FORM #1 Attachment E (1 of 4) 35 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 on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list" By executing this form, I acknowledge that limy company is in compliance with the above. COUNTY OF ~ ~ " fl H-J~ ~~~ ~ (Signature-or Bidder)Sole Owner STATE OF 12-27-06 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, Roy Khanna individual signing) affixed h 0- d '7 day of ~ /2 ~'3 My commission expires: ,I ! NOTARY PUBLIC 7;/7 () 'j BRENDA II WEBB MY COMMISSION II Dl>\I6()9S fX1Il'flES: July 17.2009 fl N$l1~ f,z;;tJe. eo. who, after first being sworn by me, (name of Iher signature in the space provided above on this ~ ,20 0& Attachment E (2 of 4) 36 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: RO>f Kbanna (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's 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 contendre 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 rf.'};::-" lJl Bidders Signature Sole Owner 12-27-06 Date OMB - Mep FORM #5 Attachment E (3 of 4) 37 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Roy Khanna warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee.in violation of Section 2 of Ordinance No. 1 O~ 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 1 O~ 1990. For breach or violation of this provision the County may. in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. S012 ~'(Signature) Date: 12-27-06 STATE OF Ft ~1~ COUNTY OF ~~ A--[ k. E~~ PERSONALLY APPEARED BEFORE ME, the undersigned authority, Roy Khanna who, after first being sworn by me, affixed his/her .':'1 -h... signature (name of individual signing) in the space provided above on this d 7 day of r 120/)~. ?-- ~e ~ NOTARY PUBLIC My commission expires: 7;' 1 jlJ 'i BRENDA R. VIEBB MY COMMISSION 1/ DD4I6M' EXPIRES: July 17.2009 f1. NaI=Y D\I.wml- Ca OMB ~ MCP FORM #4 Attachment E (4 of 4) 38