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G. Board of Governors BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMMARY Meeting Date: September 19.2007 Division: Emergency Services Bulk Item: Yes No X Department: Fire Rescue Staff Contact PersonlPhone #: Darice Haves/6004 AGENDA ITEM WORDING: Approval of a Renewal Agreement by and between the Board of Govemors of Fire and Ambulance District 1 of Monroe County, Florida and MEDTRONIC Emergency Response Systems, Inc., for the preventative inspection and maintenance of biomedical equipment. ITEM BACKGROUND: In October of2006 the Board of Govemors of Fire and Ambulance District 1 approved a contract with MEDTRONIC Emergency Response Systems, Inc., for the preventative inspection and maintenance of biomedical equipment which included an option to renew the contract for two (2) additional one (1) year terms. Fire Rescue is requesting approval to exercise -~ the renewal option for the firsfone (1) year period. - PREVIOUS RELEVANT BOG ACTION: On October 18, 2006 the Board accepted the proposal and approved the Agreement with MEDTRONIC Emergency Response Systems, Inc., for the maintenance of biomedical equipment for the Fire and Ambulance District 1 in the amount of $15,809.00 for a one (1) year period which commenced on November 1, 2006 through October 31, 2007. CONTRACT/AGREEMENT CHANGES: The Renewal Agreement to provide service will be for the period November 1, 2007 through October 31,2008. All other terms of the original Agreement remain in full force and effect. STAFF RECOMMENDATIONS: It is imperative that this biomedical equipment be maintained properly as it is used for cardiac monitoring of patients. MEDTRONIC has always provided excellent service in the past. In view of the foregoing, Fire Rescue staff recommends approval of the Renewal Agreement for an additional one (1) year period. TOTAL COST: $15.809.00 BUDGETED: Yes X No - COST TO COUNTY: $15.809.00 SOURCE OF FUNDS: Ad valorem taxes REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year - County Atty~ ~lPurchasing_ APPROVED BY: Risk Management _ DOCUMENTATION: illcluded X Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 Monroe County Division of Emergency Services 490 63'd Street, Marathon, FL 33050 Phone: (305) 289-6088 Fax: (305) 289-6007 ADDITIONAL INFORMATION MEMO TO: Monroe County Board of Governors, Fire and Ambulance District 1 FROM: J ames Callahan, Acting Fire ChieflDivision Director Emergency ServiGes Division RE: Agenda Item: Approval of a Renewal Agreement by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida and MEDTRONIC Emergency Response Systems, lnc" for the preventative inspection and maintenance of biomedical equipment. DATE: September 19,2007 - The Fire and Ambulance District 1 owns and operates biomedical equipment used for the cardiac ~ monitoring of medical patients. The intricate equipment is specifically known as LifePack@1 0 and LifePack@12, and requires specific preventative maintenance and service. MEDTRONIC Emergency Response Systems, lnc, can provide this specialized service, and has for many years. The Emergency Services Division, Fire Rescue Department has records going back as far as September 18, 1999, at which time the Board accepted a proposal for an agreement with MEDTRONIC for this service, and has continued to approve agreements with them to date. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: MEDTRONIC Emergency Contract #_ Response Systems, Inc. Effective Date: November 1, 2007 Expiration Date: October 31,2008 Contract PurposelDescription: Renewal Agreement for preventative and corrective maintenance of biomedical equipment for the Board of Governors, Fire and Ambulance District 1. I Contract Manager: Darice Hayes 6004 Fire Rescue / Stop 14 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on Sept. 19, 2007 Agenda Deadline: Sept. 4, 2007 CONTRACT COSTS Total Dollar Value of Contract: $15.809.00 Current Year Portion: Budgeted? Yesl:8] NoD Account Codes: lli-13001-530460- _-_ Grant: $ - - - - -.........-- - -- County Match: $ - - - - ------.-.-......--............... - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Division Director 8 ,;2 7-0'7 YesD NoG" Ri~ M,~enl 95'(N}07 YesD No0 ~B.IP asing ~D:r YesDNoEi County Attorney B ' lip- Ot YesD No[]SJ Comments: OMB Form Revised 2/27/01 MCP #2 RENEWAL AGREEMENT This RENEWAL AGREEMENT dated the day of ,2007, by and between the Board of Governors of Fire and Ambulance District 1 ofMomoe County, Florida, hereinafter called the "COUNTY" and MEDTRONIC Emergency Response Systems, Inc., hereinafter referred to as "CONTRACTOR" . WITNESSETH WHEREAS, the parties hereto did enter into an Agreement dated October 18, 2006 for the preventative inspection and maintenance of biomedical equipment for the Board of Governors of Fire and Ambulance District 1; and WHEREAS, said Agreement provided an option to the COUNTY to renew the contract for two (2) additional one (1) year terms; and - - WHEREAS, the COUNTY has elected to exercise said first one (1) year renewal option for the ~ continuation of preventative inspection and maintenance of biomedical equipment for the Board of Governors of Fire and Ambulance District 1 ; now therefore IN CONSIDERATION of the mutual convenants and obligations contained herein, the parties agree as follows: 1. The COUNTY elects to renew the contract for an additional year pursuant to Paragraph 4; Section A of the Agreement entered October 18, 2006. 2. The effective date of this amendment is November 1, 2007 and shall extend through October 31,2008, under the same terms and conditions ofthe contract dated October 18,2006. 3. All other terms and conditions ofthe contract dated October 18, 2006 shall remain in full force and effect. (SEAL) BOARD OF GOVERNORS, Attest: Danny L. Kolhage, Clerk FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman (CORPORATE SEAL) MEDTRONIC EMERGENCY R.,ESP8NSE SYSTEMS, INe. Attest: gaAiA(Q ~A. )5'fet<t ~Ilif . // ~ By: By: {...In otVC>-- C Title: 7& rq~; I Title: COil fat (4 LL5bJ d U1cL1uV \\\\\111 1111111 \\\ Con tIll :\'-: ~ rOI 0: .$f- ....0.........., 0- "'A"" .' '. ./. 'l g~ :_4 -.+-?o ~ ....a.,. . - ~ : Corporate :' S ::: Seal ::: ::.: 1966 : == -'* . . - ~ \~ .: ~ ~.. .. ~ 0- Ji.;..... ,.... ~ -$'- ~I C1sh' cr'\.Cl \~ /11 ] n 1:> \\\ 1III/trJlI1\1\\\\ STA TEJ\lENl' OF INSURANCE FOR MEDTRONIC, INC. DATE ISSUED: OI-Aug-2007 INSURED: COVERAGES: lbe polleics of insurunl'e and coverages listed belo\\ have been PhYSIO-Control, Jnc. a DiVision of Medtronic issued In the Insured named l\J {he left for the polk)' period indicated. The insurance afforded by lhese pulicies is subject to all of the terms. conditions and c,'\clusiom; of the actual polk-it's, ThIS Medtronic, Inc. statement of insurance docs not grant the recipient any rights 710 Medtronic Parkway. LC310 under rhese policies. Limits shown may have been reduced by Minneapolis, MN 55432 paid cbims. CARRIER TYPE OF COVERAGE COVERAGE LIMITS PERIOD .... _. . ACE USA .General Liability including products! 5/ 1107 - Per Occun'ence $5,000.000 :(Ace American :completed operations, for worldwide i 5/1108 General .$5.000,000 'Insurance Company) operations Policy #HDCG23724236 ,Aggregate ACE USA . ... :A'~t~~~bile Liability -- 5/1107 - Combined - (Ace American )'Iired, Non-owned and Owned Autos ; 5/1108 Single Limit $1,000,000 -Insurance Company) iPolicy #ISA H08229065 ,ACE USA :Workcrs' Compensation"' :and Employers Liability :<Ace American iPolicy #WLRC44460853 :$1\li.!!!.9J:Y Li nW s ilnsunmce Company) :Po!icy #SCFC44460877 5/1 /07 - ,-Each Accident ,$1,000,000 :Policy #WLRC44460865 ; 5/ lI08 t-Each Emp. $1,000,000. (ACE American Ins. :Policy #WCUC44460889 i-Policy Limit $1,000.000 :Co.) :Policy #SCFC44468542 :*MN, AZ, W A self-insured COMMENTS: Waiver of Subrogation andlor additional insured status applies only if it is reflected in your written agreement with insured. THIS STATEMENT ISSUED TO: CANCELLA TION Monroe COLlnty Board of County 5HOULD ANY OF THE ABOVE DESCRIBED COVERA,GES BE C,\NCELLED BEFORE THE f'.XP!RA TION DATE THEREOF WE Commissioners WILL ENDEA VOR TO MAIL l.Q DA YS WRrTTEN NOTICE TO Risk Management Dept. THE STATEMENT HOLDeR NAMED TO THE LEFT. BUT h\ILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR i 100 Simonton St. LIABILITY Of' ANY KiND UPON THE COMPANY. Key West. FL 33040 ITS AGENTS OR REI'RESENTATlV"" cibf/~ Gary A. Nelson, VP, Risk Mgmt & Legal Admmistrauve Services - MARS H CERTIFICATE OF INSURANCE CERTIFICATE NUM8ER C]-] 1-000298179-15 PRODUCER nlls CERTIFICATE IS ISSUED AS A MATTER Or- INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 333 SOllth 7th Strec"t Suit!', 1 GOO POLICY. nlls CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE Minnc.apolis Mil 55402-2,100 AFFORDED SY THE POLICIES DESCRIBED HEREIN COMPANIES AFFORDING COVERAGE ':OMP/.N' 3840 -EMERS-GAW-0708 X !,~ A'1 JA '.: ,. ~CE AIvIERICAN INSURANCE COMPANY h~.n! _...F.} ~_. INSURED COf,1PAN\ MEDTRmllC EMERGENCY RESPONSE SYSTEMS INC B MEDTRONIC, fNC. i L.. n _ _-:-__: 710 I'vlEDTRONIC PARKWAY i! COMPANY M.S. LC310 1 r .'c MINNEAPOLIS, MN 55432 Ic- cOMPAN" D COVERAGES 8 THIS IS TO CERTlF'I THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLlC'! PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN.. CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MA'{ PERTAIN, THE INSURANCE AFFORDED BY rHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS '-~~~,- -. ,. .. -~ w . ,>., -,. ._,~ __ ~ ~ _ ~.._,_.. __ __ __. .". ~ .'. .. ~ ~._ n__, ~.__ CO ' POLlCY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYYj DATEjMMIDDIYYJ LIMITS A GENERAL LIABILITY HDCG 23724236 05/01/07 05/01/08 _9_ENERAL AGGBt.~"'!.L._ $___~, ~~~~~9~~ 'X COMMERCIAL GENER_A~ L1A81L1TY , _P'R2Q~S _ C~~/OP A~.!._~., !9.,?~~,~00 --~ CLAIMSMADE_ OCCUR ~~~~~lIi!..L!..ly____J>___m-2}1'Q9c_OOO . OWIlERS & CONTRACT,)R'S PROT , EACH OCCURRENCE $ 10,000,000 ~- -~~- J..!BE DAM=iE I~one fire) . $ ----~O,OOO MED EXP IAnl' one e!Son! $ 10,000 A I_AUTOMOBILEllABIUTY dSAH 08229065 '05/01/07 '05/01/08 COMBINED SINGLE LIMIT ' $ 1,000,000 ~ ANY AUTO :~ ALL OWNED AUTOS BODILY INJUR'( $ I I IPer personi ~ SCHEDULED AUTOS .__ ---.l HIRED AUTOS BODlL Y INJURY $ , I I Per aCCident) ~ NON-OWNED AUTOS ________.__.____ I '_u.._ --- --- I . PROPERTY DAMAGE ' $ . I i GARAGE LIABILITY . ... i; X), ((,~, 1(L/ AUTO ONLY.. Ell. ACCIDENT $ ~. -""'0 5-!) q<,) . () :1'. :' , - . "'"'" '''' ,,"'0 ON". _ _ ____ -- - V: ( { . J.' kr: ~ EACH ACCIDENT ' $ __ f'\' ,\"..'--' , AGGREGATE $ EXCESS L1ABlLITY 'l ' L .. .. :_E!,CH OCCURRENCE $ . ______ L_ UMBRELLA FORM I sYI..Xi/;,} (f'ut...v1 ;_AGGRE<3~____:".L _______ I I OTHER THAN UMBRELLA FORM I , $ A WORKERSC?MPENSATION AND WLR C4 4460853 (AOS) 05/01/07 05/01/08 : X ~Z~Y L~Ns QE~- EMPLOYERS LIABILITY "_ ~__ .. _'_ _ _ __ ____ _ . . __. ... _ " A ' _.. SCF C44460877 (WI) 05/01f07 05/01108 ,_EL ~-"2~~C~~D~~!__ _ _ __:~_ _ __-.:' ~OO.OO? A THE ~"-OPRIETORi _ X !~ICL iWLR C4 4460865 (MO,NC, NE,OK) 05101/07 05/01/08 EL DISEASE-POLICY LIMIT $ 1,000,000 I PAR!Ni:.RS,E\ECUH\Jt:: _.U ..~ _ .__~.."' _-+~ _ ~~_ _~ ..__ A ' OFFICERS ARE: EXCLSCF C44468542 (NJ) 05/01107 05/01/08 EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTH R DESCRIPTION OF OPERATlONSILOCATIONSNEHICLESISPECIAL ITEMS THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ITS EMPLOYEES & OFFICIALS IS NAMED AS ADDITIONAL INSURED UNDER GENERAL AND AUTO LIABILITY AS REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION SI"'OULD ANy ';)F THE POucres OE$CRIBEC: !-iERE!t,j BE eMICELLED EJEFI)f1E" THE EXPIR;.T;I)U CATE THEREOj:' ';"HE' l!J!uREFi "FF~)A-DltJG COVERA.'3E ,^1LL E~mEA'J.JR TO fo.lA>l ___-3.0 DAyC; V..RI"i"'En UQTiCE II,) THE MONROE COUNn' BOARD OF COUNTY CE:~TIF,CAT" HCLCE'R 11M-lED HERE", BUT F"ll'JRE T,) l"All SUCH nOTICE 2HAlL "'W')"E rK- 08Ln';ATlOtl OR COMMISSIONERS RISK MANAGEMENT DEPT UABIL!TYOF At" KIND 'JPON THE Ir'WRER AFF')RDlrF:' COVERA':;E rr~ A'3E~,TC OR R[PREr.€.lTATlVEf. C'R THE 1100 SIMONTON STREET ,',;um '",FTIi,S'-Er,r''',''TE KEY WEST, FL 33040 MARSH USA INC , , h- BY; Kevin M, Brogan <<.L' ;ll ! '-r MM1(3/02) VALID AS OF: 05102:07 _. . - AGREEMENT This Agreement is made and entered into this 18th day of October , 2006, by and between the Board ofGove111ors, Fire and Ambulance District 1 of Monroe County, Florida, hereinafter refened to as "COUNTY" and 1\.1EDTRONIC Emergency Response Systems, Inc., hereinafter referred to as "CONTRACTOR". WHEREAS: That the parties hereto, for the consideration hereafter set forth, mutually agree as follows: l. SCOPE OF THE WORK The CONTRACTOR shall furnish all labor; materials, equipment, machinery, tools, apparatus and trauspoliation and perfonn all other work as described in the Technical Service Support Agreement for the preventive inspection and maintenance of - biomedical equipment for the Board of Governors. The Technical Service Support ~ Agreement is attached hereto as Exhibit B and made a part of this Agreement by reference. . . 2. CONTRACT SUM The COUNTY shall pay to the CONTRACTOR a total amount of$15;809.00 for the faithful performance of the Contract, in lawful money ofthe United States. This will be paid in 12 equal monthly instalhnents, on the first of the month for the preceding month after invoice rendered by Contractor. 3. GENERAL PROVISIONS A The CONTRACTOR agrees to indemnify the COUNTY and hold the COUNTY harmless from and against all claims, damages, losses and expenses, including reasonable attorneys' fees in any action arising out ofperfo:rmance ofllie work herein, including bodily injury, illness or death, or for property damage including loss of Use, resulting from the CONTRACTOR'S work. B. The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COl.mty officer or employee subject to the prohibition of Section 2 or Ordinance No, 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover, the full amount of any fee; commission, percentage, gift or consideration paid to the fonner County officer or employee. c. Before beginning work tmder this Contract, the CONTRACTOR must provide evidence satisfactory to the COUNTY'S Risk Management Director that the CONTRACTOR has in force and effect the insurance required as outlined in Exhibit A. Page 1 of 5 ~ 4. CONTRACT TERlV[ A. The Contract shall commence on November 1,2006 and shall expire one year from that date on October 31, 2007. The Contract may be renewed for two (2) additional one (1) year terms at the option ofllie COUNTY. The COUNTY shall exercise the option by a written notice to the CONTRACTOR, 30 days before expiration of the original term. B. The CONTRACTOR shall not be held liable for delay in delivery caused by strikes, inability to obtain materials or equipment, production or manufacturing problems and all other causes beyond the CONTRACTOR'S control. The CONTRACTOR shall not be liable for any incidental damages caused by delays in delivery. C. Monroe County's perfOlmance and obligation to pay under this contract, is --':.."" contingent upon an arulUal appropriation by the Board of County Commissioners ~ of Monroe County. . . 5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS The CONTRACTOR nnderstands all provisions of this Contract and of the Specifications and agrees to their sufficiency for the wode to be done. Under no circumstances, conditions or situations shall this Contract be more strongly conshued against the COUNTY than against the CONTRACTOR. 6. PAYMENT A. The CONTRACTOR shall invoice the COUNTY, in accordance with the pricing and terms as outlined in the Contract documents. Invoices shall be submitted to Monroe County Fire Rescue, 490 63rd Street, Ocean, Suite 122, Marathon, Florida 33050, for approval and processing. B. All payments shall be made directly to the CONTRACTOR at the CONTRACTOR'S office, MEDTRONIC Emergency Response Systems, Inc., 11811 Willows Rd., N.E., Redmond, W A 98073. 7. INDEPENDENT CONTRACTOR At aU times and for all pmposes hereunder CONTRACTOR is an independent contractor and not an employee ofthe Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find the CONTRACTOR or any ofhisiher employees, contractors, servants or agents to be employees ofthe Board of County Commissioners of Monroe County and they shall be entitled to none ofthe rights, privileges or benefits of employees of Monroe County. Page 2 of 5 -- .~ T_ 8. COMPLIANCE WITH LAW 1"1 providing all services pursuant to this Agreement, the CONTRACTOR shall abide by aU statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such goods, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material bl~each of tins Agreement and shall entitle the Board ofColmty Commissioners to terminate this Contract immediately upon delivery of written notice oftennination to the CONTRACTOR. 9. SUBCONTRACTING/ASSIGNMENT CONTRACTOR shall not assign, sublet, subcontract, sell or transfer any interest in this Contract without the pdor written consent ofthe COUNTY thereto. -----'-- 10. NOTICE - GENERAL - Any notice or notices required or permitted to be given pursuant to this Con!r~ct may be personally served on the other party by the party giving such notice or may be served by celtified mail, return receipt requestec4 to the following addresses: COUNTY: Monroe County Fire Rescue 490 63rd Street, Ocean, Suite 122 Marathon, Florida 33050 CONTRACTOR: MEDTRONIC Emergency Response Systems, Inc. 11811 Willows Rd., N.E. Redmond, W A 98073 11. ANTI DISCRIMINATION CONTRACTOR agrees they will not discriminate against any of their employees or applicants for employment or against persons for any other benefit or selVice, because of their race, color, religion, sex or national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perfonn in a position of employment and to abide by all Federal and State laws regarding non-discrimination. 12. NON WAIVER Any waiver of any breach of covenants herein contained to be kept and performed by the CONTRACTOR shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the COUNTY from declaring a forfeiture for any succeeding breach either ofthe same conditions or covenants or othetwise. Page 3 of 5 .. - ._,~- 13. CONTRACTOR-GENERAL The CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities encompassed by the program herein described, subject to the tetn1s and conditions set forth in the Attachment, which is attached hereto and. incorporated herein as part of this Agreement. Each of the signatories for the CONTRACTOR, below, certifies and warrants that: A. The CONTRACTOR'S nm.ne in this Agreement is the full name as designated its corporate charter, if CONTRACTOR is a corporation; otherwise, CONTRACTOR'S name is the business entity, whether partnership or sole proprietorship, under which CONTRACTOR 1l0lmally conducts business. - B. They are empowered to act and contract for the CONTRACTOR and ~ C. This Agreement has been approved by the Board of Directors of CONTRACTQ~, if CONTRACTOR has a corporation. 14. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement ofthe parties hereto with respect to the subject matter hereof and supersedes any and all prior Agreements with respect to such subject matter between CONTRACTOR and the Frre Rescue office or the COUNTY. 15. CONSENT TO JURISDICTION This Agreement, its performance and aU disputes arising hereunder, shall be governed by the laws of the State of Florida and both parties agree that the venue for any action shall be Monroe County. This Agreement is not subject to arbitration. 16. CONDITIONS OF TERMINATION A. The performance of work or provision of goods under this Agreement may be terminated, delayed or temporarily suspended by the COUNTY, in whole or in part, from time.to time, wherever the COUNTY shall determine that such termination is in the best interest of the COUNTY. The COUNTY shall pay all reasonable costs incurred by the CONTRACTOR up to the time of termination and all reasonable costs to the CONTRACTOR associated with termination. B. lfthe CONTRACTOR fails to fulfill the terms of this Agreement or attachments, properly or on time or otherwise violates the provisions of the Agreement or of applicable laws or regulations governing the use of funds, the COUNTY may terminate the Contract by written notice of 15 days. The notice shall specify cause. The COUNTY shall pay the CONTRACTOR fair and equitable compensation for expenses incurred prior to termination of the Agreement, less any amount of damages caused by the CONTRACTOR'S breach. If the damages Page 4 of 5 ~._- are more than compensation payable, the CONTRACTOR will remain liable after termination and the COUNTY can affumatively collect damages. 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 ouleases or real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 17. The County does not pay sales tax or any other taxes. The provisions ofthis Agreement _ supercede any conflicting provisions in Exbibit B attached hereto as the Technical Service _ Support Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF ~~c'S'"'" MZE COUNT~, FL A ,"/,";',-00j,""",~,<*,,_,\. .~." ~ ~;;-:,":" ~--\-',.."IJ r-,~'" "144 ",'~';'\."'(;:-:-:Jr-'''':;:.s~\; ." /vl,t;. ~ //.'r'.' . . "'i''':--'' '.\/, BY ~ /F;, ...,;~ j2jU \<-\ . ;1'., '.,'-,[,-;, MAYORlCHAlRMAN iI.... j",,, .(8' 3."'" i I. JIr. \'~~'./".-\ t. : \. \\~ '(-:.-:,}ffj!-t~\\ C/,:'.':'i '\~Y~~~~t,f,;P~~i~/Kolhage, Clerk "";<~~~~;~:MC. ;J2.v)6~ - Deputy Clerk ;;tt~~..~SEAL) MEDTROt YRESPONSESYSTEMS, INC. By: .., ri<1 )A ~ ,[ , Title:' ~ ( 2(J_Y\r1 Wit;.'UKfQrt. Title: .' / ~ / \\\UUUII1/ ,..., Ollse S I" ...,..' ;l, ~..ei:;..o.... ~$.!'c--'Q "'...".. MONROE COUNTY ATTORNEY .:- '{><f' ....~ ~"".. Of'.d ~ APPROVED AS TP FORM: :;, If''' ", '0 ~ i ~ :: Ell CORPORAl: ... ~ -:. ~ .{.-~W ..~. 'l.{:'-a......-cIP _ = U : -$-. : ~ ::: S M. GRIMSLE: :: "%; SEA ; ~ ::: ASSIS :ANT COUNTY ATTORNEY "" ""~.. L : S. :: Data /0-2 - 01,; "'~III ~OE'Q, -::;. "'. 1997 .0 .... ~ 7- '.~ .0 ~...... ~ "... ..~...,....,.'J" Page 5 of 5 .f Ij..' . ~, 'I, '1s11lngto.\\. ,...... Ifff6HgQq\\" - " ]QlJRlUG~ID'1RIEE VvOJRl[QDJLACJE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies tbat: MEDTRQNIC Emergency Response Systems. Inc. (Name of Business) 1. Publish a statement notifYing employees that the unlawful manufacture, distribution, disp~tlsillg. 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 proIu'bitiou. - - 2. inform employees about the dangers of drug abuse in the wotltplace, 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 fOI 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 tltat, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tenns of the statement and will notifjr the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation OCCUlTing in the workplace no later than five (5) days after such conviction. 5. Impose a sanction OU, or require the satisfactory pllrticipation in a drug abuse assistance or rehabilitation program if such is available in the employee's communily, 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. Al; the person authorized to sign the statement, I certify that this fmu complies fully with the above requirements. (~~, /J/ln-(~.J er j'F-~ Bidder's Signature '?t( ~ cf~~~ ~ ~ ! !J IJ..-j- 04- Date OMB - MCP#5 " JEXlill]]EBITT A Pmge 11. iIJlf3 . -- --,- GENERAL lLlAIlUJLITY JINSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shaH obtain General Liabili!y'Insurance. Coverage shall be maintained throughout the life ofthe contract and include, as a IDlllimum: G Premises Operations Products and Completed Operations - Q - - Q Blanket Contractual Liability Q Personal Injury Liability Q 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 OccUlTence $ 50,000 Property Damage An Occurrence FOlm 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 minimmn of twelve (12) months following the acceptance ofworlc by the COilllty. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl lEXJHillmHnI' A Page 2 @f3 h , -. ~-- VEHICLE L.l[AJj,lILH'JI'Y INSURANCE RJEQUIrREl\1ENTS 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 contTact and include, as a minimum, liability coverage for: Owned, Non-Owned, and Hired Veroc1es -.-:,.... G ~ The minimum limits acceptable shall be: . . $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum 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. VLl Page 7 of 8 JEXlBLI1Il3ITJr A Pm!U'e :3 @jf 3\ - e> .--_.- WOR.1KERS' COMPENSAl'JION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by tills contract, the Contractor shall obtain Workers' Compensation msurance with limits sufficient to respond to Flodda 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 Itljury by Disease, each employee . . Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Floridats Department of Labor, as an authorized se1f- insurer, the County shall recognize and honor the Contractorts 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-msw'ance 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. wel f?.[sk Mm'lagement and Health and! Safe~y - Proof of lInsurance PDge 1 of 1 S'JI'A'1lEMlEN1r (j)JF JrNS1lJ1ItANCE - .- FOR M!fj;jD)'JI'JRONJIC91INC, DATE ISSUED: 26-Sep-2006 INSURED: COVERAGES: The policies of insurance lll1d coverages listed below have MEDTRONIC EMERGENCY RESPONSE been issued to the insured named to the left for the.policy SYSTEMS period indicated. The jns~mlI1ce afforded by these policies is subject to an of the terms, condHions and exclusions of the Medtronic, Inc. actual policies. This statement of insurance does not grant the recipient any rights under tltese policies. Limits shown may 710 Medtronic Parkway, LC310 have been reduced by paid claims. Minneapolis, MN 55432 CARRIER TYPE OF COVERAGE COVERAGE LII.\.1ITS PERIOD ACE USA General Liability including products! 5/1/06 - Per Occurrence $5,000,000 (Ace American completed operatiolls, for worldwide 5f1l07 General $5,000,000 Insurance Company) operations Policy#EOJC(}21731985 Aggregate .......:..-'- ACE USA Automobile Liability 5/1106 - - (Ace AmeriC3JJ. Hired, Non-owned and Owned Autos Combined $1,000,000 Insurance Company) Policy #ISA HO&220049 5/1107 Single Limit !ACE USA Workers' Compensation"' . . (Ace American and Employers Liability Stal1!lmy Limit:; Policy #WLRC44440428 Insurance Company) Policy tlSCFC4444044 I 511106 - .Each Accident $1,000,000 Policy #WLRC4444Q43A 511/07 -Each Emp. $1,000,000 (ACE American lns. Policy 1~WCUC44440453 -Policy Limit $1,000,000 Co.) 1'M]'\:(,AZ.. W A..se1f-insured CO:MMfEN'JfS~ Waiver of Subrogation andlor additional insured status applies only if it is reflected in yOUi' written agreement with insured. THIS STA TEMEN1' ISSUED TO~ CANCELLATION Monroe County Board of County SHOULD ANY OFTImABOVEDESCRJDIID COVERAGES BE CANCELLED B1:!.FORB THE EXPIRATION DATE THEREOF WE Commissioners wn..L !>NDEA VOR TO MAlLJll.DAYS WlU1'Tl:!N NOTICE TO Risk Management Dept TIm STATEMliNT HOLDER NAMED TO THELEFl". BUT FAILURE TO MAn.. SUCH NOTIes SHALL lMPOSENOOBLIGATION OR 1100 Simonton Street LlAnn.ITY OF ANY KIND UPON THE COMPANY, Key West, F.l 33040 lTS AGENTS OR l.Ull'RESENTATIVES. 6M~ Gal")1 A. Nelson, VP Risk Management & Chief Compliance Officer htto:f1intranet2.medtronic.com/newnskm2mtlstmt.cfm 912612006 JEX1'iIllJEJr'f 1Bl Pmge I [!ill 8 ~ -- ....+- TEClHINlfCAJL SEJRVKCE SUPPORT AGRJEJEMlENT Medl:mmib Atl.~1Uiil P.:;;)1 -Rol.rlitf }k.J/;I}~F.}':~f'f'.dit..f [.ifi Contract Number: End User # 03189501 Bill To # 03189501 MONROE COUNTY FIRE RESCUE MONROE COUNTY FIRE RESCUE 490 63RD 8T 490 63 RD 8T MARATHON, FL 33050 MARATHON, FL 33050 This Technical Service Support Agreement begins on 1111/2006 and expires on 10/31/2007, The designated Covered Equipment andlor Software is listed on Schedule A. This Technical Service Agreement is subject to the Tenns and Conditjons on the reverse side of this document and any Schedule B, if attached. --:.."- If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service - Support Agreement is also subject to Medtronic's Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-l. . . Price of coverage specified on Schedule A is $15,809.00 per term, payable in Monthly in arrears installments. Special Terms 17% DISCOUNT ON LP12 UPGRADES ergency Response Systems, Inc. :~o'"-r::j1t::zt - I30G By: Title: Brian Webster Print: ,k'Q. V" n M 4. cI ~ VIce President Date: -.,..,t.", ~"arl<E'ting & Solutions Title: C h Ot.. /,. I"U1 fA. ~ p 1506 Date: 10 -, if-a (r; Purchase Ordel' Number: Territory Rep: EASS59 Customer Contact; MONROE COUNTY ATTORNEY Montero, Sandra Darice Hayes APPROVED AS TO FORM: .. Phone: 800-442~ 1142 x2081 Phone: 305-289-6004 FAX: 800-772-3340 FAX: 305 -289-60 13 'SUS A$SISTA COUNTY ATTORNEY Date /11- Z--~ Reference Number: 859-13 13 Renewal Printed: 9/11/2006 Page 1 of 8 lE]UHorBJIJr Jill P8ge:2 @ES MEDTRONIC EMERGENCY RESPONSE SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS .- RENEWAL TERMS Medtronic Emergency Response Systems, Inc.'s ("Medtronlc"} acceptance of Customer's Technical Service Support Agreement is expressly Gondltloned on Cusfomer's assent to the tenus set forth in thIs document and its attachmenls. Medtronic agrees to furnish the services ordered by Customer only on these terms, and Qustomer's acceptance of any portion oflhe goods-and services covered by this document shall confllTT1 their acceptance by Customer. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on Customer's purchase order or on other documents submitted to Medtronic by Customer. These terms may not be revised in any manner without the prior written consent of an officer of Medtronic. REPAIR SERVICES If "RepaIr" services are designated, subJectlo the Exclusions identified below, they shall Include, for the designated Covered Equipment, all repair parts and materIals required, all required Medtronic service technician labor, and all related travel expenses. For offslte (ship-In) services, unUs wlll be returned to Customer by Medtronlc freight prepaid, INSPECTION SERVICES If "Inspection" services are designated, subject to the ExclusIons Identifled below, thay Shall include, for the designated Covered Equipment, verification of proper Instrument callbration, verification that instrument mechanical operations and output measurements are consistent with applicable product specifications, performance of an electrical safely check In accordance with National Fire and Protection Guidelines, all required Medironlc service technicIan labor and all related travel expenses. For -;..- offslte (shlp.in) services, units will be returned to Customer by Medtronfc freIght prepaid. - DOCUMENTATION FoHo\'lfng each RepaIr and/or Inspeclion, Medtronic will provide Customer wIth a written report of actions lal(en or recommended . . and Identification of any materials replaced or recommended for replacement. LOANERS If a Medfronlc product Is designated as a unit of Covered Equipment for Repair Services and needs to be removed from service to complete repaIrs, an appropriate Loaner unit ",All be provided, If available, until the removed unit Is returned. Customer assumes complete responsibility for the Loaner and shall return the Loaner to Medlronlc in the same condition as received, at Customer's expense, upon the earlier of the return oftha removed unit or Medtronic's request. EXCLUSIONS ThIs Technical ServIce Support Agreement does not InclUde; supply or repair of accessories or dIsposables (a.s" patient cables, recorder paper, etc.); repair of damage caused by misuse, abuse, abnormal operaUng conditions, operator errors, and/or acts of God; repaIrs to retum an instrument to nonnal operating equipment at the time of Inlllal servIce by Medtronlc under thIs Technical Service Support Agreement; case Changes; repaIr or replacement of items not origInally dIstributed or lnstalfed by Medtronlc; and exclusions on Schedule B to this Technical Service Support Agreement, If any, which apply to Covered EquIpment. SCHEDULE SERVICES Designated Repair and Inspections Services will be performed at the designated servIce frequency and during designated service hours except where service technicians are rendered unavailable due to mandatory training commItments, In which case Medfronlc will provIde altemate coverage. Customer Is to ensure Covered Equipment Is available for RepaIr and/or InspecUon at scheduled times. If Covered Equipment [s not aveUable as scheduled and Customer requests additional services to be performed or if Medlronlc is requested to perton'll Repair or InspecUon services not designated In thIs Technical Service Support Agreement (due to the nature of services selected, insirumenlB involved not being Covered Equipment. request being outside of designated service frequency or hours, or application of the Exclusions): Customer shall reimburse Medtronlc at Medtronlc's standard labor rates less 10% (inClUding overtime, If appropriate), plus standard I1st prices for related parts and materials less 15%. plus actual travel casts Incurred. PAYMENT The cost of services perfonned by Medtronic slmll be payable by Customer within U,hty (30) days of Customer's receipt of Medtronic's Invoice (or sucll other terms as Medtronlc confirms to Customer in 1f.'liUng). In addItion to the cost of servIces performed, Customer shall payor reimburse Medlronlc for any taxes assessed Medlronlc. If the number or conflguratlon of Covered' EquIpment is altered during the Tenn of this TechnIcal ServIce Support Agreement, the prlce of Services shall be adjusted accordingly. WARRANTY Medtronic warrants Servlcas performed under this Technical Service Support Agreement and replacement parts provided in performing such Services against defects In material and workmanShip for ninety {gO} days from the date a Service was perfonned or a part was provided. Customer's sole remedy shall be reserviclng the affected unit and/or replacement of any part determined to be defective, without any additional Cuslomer charge, provided Customer noMes Madlronlc of any altegedly defective condition within ten (i0) calendar days of its discovery by Customer. Medlronlc makes no other warranties, express or ImpUed, Including, wIthout limItation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL MEDTRONIC BE LIABLE FOR INCIDENTAl, CONSEQUENTIAL, SPECrAl, OR OTHER DAMAGES. Reference Number: 859-1313 Renewal Printed: 9/l1l2006 Page 2 of 8 JEXIH]][IB>IIT IDl :!Page 3- tIJllf 8 .- TERM]NA TION Either party may terminate this Technical ServIce Support Agreement at any Ilme upon SU(ty (60) days prior wrillen nollce to the other, except that Medtronic may terminate this Technical Service Support Agreementlmmediately upon Customer's failure to mal(e timely payments for services rendered under this TechnIcal Service SUpport Agreement. In the event of termination, Customer shall be Obligated to reimburse Medtronlc far that portion ofthe designated price which corresponds to that portion of the Term and the scope of Services provided prior to the effective date of termination. . DELAYS Medtronlc will not be liable for any loss or damage of any tdnd due to its failure to perform or delays in Its performance resulting from any cause beyond its reasonable control, Including, but not limited to. acts of God, labor disputes, labor shortages, the requirements of any govemmental authority, war, civil unrest, delays In manufacture, Obtaining any required license or permit, and Medtronfc's inability to obtain gOOds from Its usual sourCes. Any such delay shall not be ConsIdered a breach of Medtronic's obligations and Ule performance dates shalf be extended forthe leng!h of such delay. MISCELLANEOUS a} Customer agrees to not employ or offer employment to anyone performing Services on Medtronic's behalf during the Term of this Technical Service Support Agreement or for one (1) year following lls expiration without Medlronfc's prior written consent. b) This Technical Service Support Agreement, and any related obllgaUon of other party, may not be assigned In whole or In part without the prtor written consent of the other party. c) The rights and obllgatlons or Medtronlc and Customer under this TeChnical Service Support Agreement shall be govemecl by - the laws of the state in which the service is provided. All costs and expenses incurred by the prevailing party related to ~ the enforcement ofits rights under this document, Including reasonable aitomey'sfees, Shall be reImbursed by the other party. t......,~ ~. ~~~.... II 10.......... .... ,.'..., ... "H... .... .L........,. I" I.... _... ..~ _. I.'...... p. t_......... L" 1..0............ L...... _. ....,.'.'.. .................. .._................. p. ., ......... H............ ,...... ..n'.'......,............... H.....'....... ..end.... _.......,...........,................................,... ._.........................,......... , , Reference Number: 859-1313 Renewal Printed: 9/11/2006 Page 3 of 8 lEX.I'iillJEIr1l ]] !Page 4 Q)Jlf 8 MIIT:JIVflRONlIC })1;J.Vl[]j;lRGJrCNCY RESPONSE SYSTEMS, IlDJc. -. -. .- 1flECHNlfCAJL SElRVJfCE SUPPORT AGlRlEElV.1[ENT SCHEDULE A Contract Number: Servicing Rep: Montero, Sandra, EASS59 Disttict: SOUTHERN Phone: 800-442-1142 x208l FAX: 800-772-3340 Equipment Location: MONROE COUNTY FIRE RESCUE, 03189501 490 63RD ST MARATHON, FL 33050 Scope Of Service Ship In Repair. 2 On Site Inspections per year:M-F/8-5 Ref. Effective Ex.plration Total Model Part Number Selinl Number Line Date Date Inspections -,-'" LIFEPAK@ 10 80'4200-14 001137 1 11/112006 10/3112007 2 . LIFEPAK@ 10 804200-14 004475 2 1111/2006 10/3112007 2 LIFEPAI(@10 804200-28 007300 3 III I (2006 10/31/2007 2 . . LIFEPAK010 804200-28 007308 4 1111/2006 10/3112007 2 LIFEPAK@ 10 80'4200-28 007327 5 11/1/2006 10/31/2007 2 LIFEPAK,@ 10 80'420'0'-49 070414 6 1111120'0'6 10/31/2007 2 LIFEPAK@IO 804200-49 0'70'525 25 IlI1/20O'6 10'131/2007 2 LIFEPAK@ 12 VLP12-02-005013 32624452 26 III 112006 10/31/2007 1 LtFEPAK@12 VLPIZ-02-002269 13451834 7 11I1/2\l06 10/31120'07 '2 LIFEPAK@12 VLP12-02-0O'2269 13451839 8 Ill] /2006 10/3112007 2 LIFEPAK@ 12 VLPI2-02.002269 13451840 9 111112006 10/3112007 2 LIFEPAK@ 12 VLPI2-02-002269 134511!41 10 11/112006 10/3112007 2 LfFBPAI{,@ 12 VLPI2-02.0O'2269 13451842 11 11/112006 10/31/2007 2 LIFEPAK@ 12 VLP12-02-002269 13451843 12 11/112006 10'131/2007 2 Scope Of8ervice Ship In Repair Only:M~F/8-5 Ref. Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections BATTERY SUPPORT SYSTEM 801807-12 012341 19 111112006 10/3112007 0 BATIERY SUPPORT SYSTEM 801807-12 014699 20 ll/ 112006 10/31/2007 0 BATIERY SUPPORT SYSTEM 80'1807-12 0170'90 21 ll/112006 10/3 112007 0 BATIERY SUPPORT SYSTEM 80180'7-12 017116 22 11/1/2006 10/31/2007 0 BATIERY SUPPORT SYSTBM 801807-12 017121 23 111112006 10/3112007 0 BATIERY SUPPORT SYSTEM 801807-2] 034696 24 1111(2006 10/3112007 0 BA TIERY SUPPORT SYSTEM 2 VBSS1-02-000009 32620322 27 111112006 10/31/2007 0 BATIERY SUPPORT SYSTEM 2 VBSS1..Q2-000009 11122706 13 t 11112006 10/3112007 0 BA TIERY SUPPORT SYSTEM 2 VBSS2-02-QOOO09 11122707 14 1 ]1112006 10/31/2007 0 BATIERY SUPPORT SYSTEM 2 VBSS2.02-000009 13426192 15 111112006 10/31/2007 0 BATTERY SUPPORT SYSTEM 2 VBSS2-02-O'OOO'09 13445563 16 111112006 10/3112007 0 Reference Number: 859-1313 Renewal Printed; 9/1 1/2006 Page 4 of 8 EXITlImJI1[' JBl lfPaage 5 IjJ)jf 8 BATTERY SUPPORT SYSTEM 2 VBSS2-02.0GOOO9 13445566 'J7 ] Jll12006 10/3112007 0 - ,,- BATTERY SUPPORT SYSTEM 2 VBSS2.02-000009 !3445567 18 1II1/2006 10/31/2007 0 '"~ Denotes an inventory line that has changed since the !lISt contract revision or addendum. .- - . . Reference Number: S59~ 1313 Renewal Printed: 9111/2006 Page 5 of 8 EXmnBHf'f ]jJ; rage 6 {Df 8 R'irJEIDi'fROlNIC lED/1iJIClRGENCY RESPONSE SYS'JI'EIo/iIS, me. - - .- l'ECl8INJ[CAL SJElRV][CE SUPPOR]' AGREEMENT SC18iEDlULE A Contract Number: Additional Items Service Type Item Quantity Start Date End Date CASE CHANGE LPl2 LIMITED CASE CHANGES 2 11/1/2006 10/31/2007 .. Denotes an additional i!am line that has changed since the last contract revision or addendum. - - . . Reference Number: 859-1313 Renewal Printed: 9/11/2006 Page 6 of 8 , IEJu"9lJ[ RifT ItE P2ge 7 ({Jljf 8 Rmllil'f1R\OJNKC EJ.VIllEJRGENCY JP..ESPONSE SYSTEMS, me , -- ,_. .- 'fECJBINi[CAL SERVJICE SUPPORT AGJRJEEMEN1r SCImDUJLE B LlFEPAlC@ 10 DEFIBRILLATOR/I'vIONITORlPACE:tvIAKER . Pnddle repairn are included. (paddle attachments are excluded; i.e, pediatric and anterior attacbments). . Auxiliary Power Supply included when listed on equipmeut inventory (Schedule A). . Pacemaker repair is included. . Case changes are excluded. . Pacing and patient cables are excluded, , FAST -P A TCH@ adaptern and QUIrC-COMBOTM pacing/defibrillation adapters are included. . Repair covemge for Medtmnic@ EeG, Pacing and Defibrillation Sumdators included. Medtronic@ Battery Pak . Customer retains the responsibility to perfunn the battery maintenance aod evaluation procedures outlined in the service manual and to replace batteries that do not pass the conditions outlined under "DiscardingIRecyc1ing Batteries. j, Batteries failing to meet battery perfol1l1llnce tests should be removed from service and properly discarded (recycled). . If customer provides evidence that a Medtronic Battery Pale fails to meet the performance tests noted above and/or - ~ the Battery Pale age exceeds 2 years, Medtronic shall replace said Medtronic Baltery Pak (like fur like) i.e. F ASTP AK for F ASTP AIe, up to a maximum of 4 Medlronic Battel)' Pllks every two years (including prior Support Plan periods) pel' LIFEPAK@10 defibrillator/monitor/pacemaker (listed on Schedule A). To assist in proper recycling and removal of low . . capacity batteries, replaced Battery Paks become the property of Medtronic and must be returned at the time of exchange. . Only batteries manufactured by Mednonic are covered mmer this Service Agreement. Any batteries manufactured by other SOUtces are expressly excluded from covernge under this Service Agreement. Medlronic cunnot guarantee the opemtion, safety and/orperfonul1Ilcc of our product when operating with a uOll"Medtronic battery. Repairs and inspections pcrfonued under this Agreement meet original equipment manufacturer's product specifications only wlten operating with It Medtronic battery. Any repairs, as determined by a Medtronic Service Representative, resulting from the use of a non-MedlIQnic battery, will be billed at our standard list prices for paris and labor, including actual travel charges incurred. Reference Number: 359-1313 Renewal Printed: 9/11/2006 Page 7 of 8 , JEX]f-I1][ElI'JI' ]] Page 8 WE 8 lo/illE:JUi'][')RONIIC EJ.o/.ll:ER.G1ENCY 1P'.JESlP'ONSE SYSTEMS, me. -. - , ~.- 1rEClllNJfCAL SERVICE SU.lPIPOR1r AGRJEElo/llENlf' SCJiIEDULE B LIFEP AI(@ 12 DEFIBRlLLA TORllYIONlTOR . AC Power Adapter included when listed on equipment inventory (Schedule A). . DC Pawer Adapter included when listed on equipmentinventory (Schedule A), . Defibrillator paddle repuirn are included (excludes internal, sterilizable and pediatric paddles). . Communications and Patient cables are excluded. . PCMCIA Modems are excluded. . Therapy cables are excluded. . Sp02 SellSors are excluded. . Case Changes are excluded. . Discount of 17% from the field installed list price for any current andlor future available LlFEP AK@12 upgrade is included when installed by Medtronic Technical Services. . Discounts may not be combined with any other specialtenns, discounts and/or promotions. McdOOmc FaSlpak<ID, Fastpak 2, Lifepalc SLA and Lifepalc NiCd Battery . Customer retains the responsibility to perform Ute battery mnintelltU1ce and evl1luation procedures outlined in the - operating instruction manual and to replace batteries that do not pass the conditions outlined under "Discarding! Recycling Batteries." Batteries failing to meet battery performance tests should be removed from service and properly discarded (recycled). . . . If customer provides evidence that a MedOOmc Battery Pak fails to meet the performance tests noted above and/or the Battery Pak age exceeds 2 years, Medtronic shan replace said Medtronic Battery Pak (like far like) i.e. F ASTP AK for FASTP AIe, F ASTPAK2 for FASTPAK2, LlFEPAK SLA for LIFEPAK. SLA, Dr LIFE? AJ{ NiCd for LIFEP AK NiCd, up to a maximum of 4 Medtronic Battery Pales eveI)' two years (including prior Support Plan periods) per LIFEP A!C@ 12 defibrillator/monitor (listed on Schedule A). To assist in proper recycling and removal oflow cllpllCity batteries, replaced Battery Paks become the property ofMedlronic llnd mustbe retumed at the time of exchange. . Only batteries manufactured by Medltonic are covered under this Service Agreement. Any batteries manufactured by other sources are expressly excluded from coverage under this Service Agreement. Medtronic cannot guarantee the operation, safety and/or performance of our product when operating with a non-Medtronic battery. Repnirs and inspections performed under this Agreement meet original equipment manufacturer's product specifications only when operating with a Medtronic battery. Any repairs, as determined by a Medtronic Service Representative, resulting from tlte use afa non.Medtroruc b(ll1ery, wilt be billed at our standard list prices for parts and labor, including actual travel charges incurred. Lifepak@l2SoftwareUpdates . If combined Repair and Inspection services are designated on the Technical Service Support Agreement inventot)' for Lifepak 12 units, at the customer's request, a Medtroruc Technical Services Representative will install Lifepnk 12 software upd(lres at no additional charge provided it is instatled at the time of a regularly scheduled inspection. In addition during the term of Ibis agreement, where an assembly such as a printed circuit board must be replaced in order to install the new software, these assemblies may be purchased by the customer at a 50% discount off the current list price of a new assembly. Software updates requested to be installed at a lime other than the regularly scheduled inspection will be billed at $205 per unit per software update. The cost of the software update will be billed on II separate invoice. . If Repair-only selVices are designated on the Service Older inventory for Lifepalc 12 units, at the customer's request a Medtronic Technical Services Representative will install a Lifepalc 12 software update at a discounted price oU205 per unit per software update. In addition during the teon of this agreement, where an assembly such as a printed circuit board must be replacedin order to install the new softw!lre, these assemblies may be purchased by the customer at a 50% discount off the cunent list price of a new assembly. The cost of the software update will he billed on a separate invoice. . Discounts may not be combined with tiny other special terms, discounts andlor promotions. Reference Number: 859-1313 Renewal Printed: 9111/2006 Page 8 of g BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMJ.\.iARY Meeting Date: September 19.2007 Division: Emergency Services Bulk Item: Yes - No 1L- Department: Fire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval of Renewal Agreement effective from October 1, 2007 through September 30, 2008, with Fire Tech Repair Service, Inc. for maintenance of Fire Rescue vehicles, including semi-arumal inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure. ITEM BACKGROUND: On December 21,2005 the Board awarded bid and entered in to an Agreement between the Board of Governors Fire and Ambulance District 1 of Momoe County and Fire Tech Repair Service, Inc. The original agreement provides for annual renewals up to three (3) one-year periods, with approval of the District's governing Board. Weare requesting approval to exercise the renewal option for the second one-year period, commencing on October 1, 2007 and ending on September 30, 2008. PREVIOUS RELEVANT BOG ACTION: On September 20, 2006 the Board approved the first renewal agreement effective from October 1,2006 through September 30,2007 for maintenance of Fire Rescue vehicles, including semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure. On December 21, 2005 the board approved an agreement with Fire Tech Repair Service, Inc. for maintenance of Fire Rescue vehicles, including semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure commencing on October 1,2005 and ending on September 30, 2006. CONTRACT/AGREEMENT CHANGES: Contract will be extended and the new expiration date will be September 30, 2008. STAFF RECOMMENDATIONS: All conditions of the contract have been met and services provided have been satisfactory, Staff recommends renewing as the contract allows. TOTAL COST: $18.230.00 * BUDGETED: Yes X No - *Cost to cover periodic inspections, preventative maintenance and pump testing. In addition, the contract also includes fixed pricing for unscheduled repairs at $73.00/hour and parts at 25% over cost. COST TO COUNTY: See above SOURCE OF FUNDS: 11500-530462 REVENUE PRODUCING: Yes No-K. AMOUNT PER MONTH_ Year - - APPROVED BY: County Atty V OMB/Purchasing /' Risk Management~ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 8/06 MONROE COUNTY BOARD OF GOVERNORS CONTRACT SUMMARY Contract with: Fire Tech Repair Service Contract #_ Inc. Effective Date: 10/0112007 Expiration Date: 09/3012008 Contract Purpose/Description: Renewal of agreement dated 1/112006 for maintenance of Fire Rescue Vehicles maintenance of Fire/Rescue vehicles. semi-annual inspections. preventative maintenance and unscheduled maintenance resulting from malfunction or failure. Contract Manager: Camille Dubroff 6010 Emergency Services / Stop 14 (Name) (Ext.) (DepartmentJStop #) for BOCC meeting on 09/1912007 Agenda Deadline: 09/04/2007 CONTRACT COSTS Total Dollar Value of Contract: $ $18,230.00*Plus Current Year repairs at $73/hr and Portion: $ parts at 25% over cost. Budgeted? Yes~ NoD Account Codes: 11500-530462- - - --- Grant: $ - - - - ----- County Match: $ - - - - ............... - -------- - - - - - - ----~- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In NeededS Division Director '2-;)1- 07 YesD No .') Risk Mal1~;'-I X>rJ,)O 1 YesO Nol1? 11 , Ii:L d1,B,lPu h'111mg ~orYesO No[E( ~~ County Attorney "3 f'Jop? YesO Nou;V . ~ g 2.-; oJ Comments: OMB Form Revised 2/27/01 MCP #2 RENEWAL AGREEMENT This AGREEMENT dated the day of , 2007, by and between the Board of Governors of Fire and Ambulance District 1 of Momoe County, Florida, hereinafter called the "District" and Fire Tech Repair Service, lnc" whose mailing address is PO Box 1570, Key Largo, FL 33037, hereinafter called the "Contractor". WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated January 1, 2006 for maintenance of Fire/Rescue vehicles, semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure; and WHEREAS, said agreement provided an option to the District to renew the contract for three additional one year terms; and WHEREAS, the DISTRICT has elected to exercise said second one (1) year renewal option for the continuation of maintenance of Fire/Rescue vehicles, semi-arumal inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure; now therefore IN CONSIDERATION of the mutual convenants and obligations contained herein, the parties agree as follows: 1. The District elects to renew the contract for an additional year pursuant to paragraph 1 of the agreement entered January 1, 2006. 2. The effective date of this amendment is October 1, 2007 and shall extend through September 30,2008, under the same terms and conditions of the contract dated January 1,2006. 3. All other terms and conditions of the contract dated January 1, 2006 shall remain in full force and effect. Attest DANNY L. KOLHAGE, CLERK BOARD OF GOVERNORS, FIRE AND AMBULANCE DISTRICT 1 By: By: Deputy Clerk Mayor/Chairmml WITNESS: F~> -A orized Repr ~e Date RENEWAL AGREEMENT This AGREEMENT dated the I Sf day of o e7V i3['K... , 2006, by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter called the "District" and Fire Tech Repair Service, Inc., whose mailing address is PO Box 1570, Key Largo, FL 33037, hereinafter called the "Contractor". WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated January 1, 2006 for maintenance of FirelRescue vehicles, semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure; and WHEREAS, said agreement provided an option to the District to renew the contract for three additional one year tenus; and ~ WHEREAS, the DISTRICT has elected to exercise said first one (1) year renewal option for the continuation of maintenance of Fire/Rescue vehicles, semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure; now therefore IN CONSIDERATION of the mutual convenants and obligations contained herein, the parties agree as follows: l. The District elects to renew the contract for an additional year pursuant to paragraph 1 of the agreement entered January 1,2006. 2. The effective date ofthis amendment is October 1, 2006 and shall extend through September 30,2007, under the same tenus and conditions of the contract dated January 1,2006. 3. All other tenus and conditions of the contract dated January 1, 2006 shall remain in full force and effect. Attest: .]~~~~>KOLHAGE, CLERK BOARD OF GOVERNORS, {4{?;~~..':J~~"iS':'\', FIRE AND AMBULANCE DISTRICT 1 r \ . !I~: \5 T B J;;L'\<~{' ~<7~ By: " ~~ J1~ y~\'i~~~Y.@I~ri(' . v Mayor/Chainuan .,~ ':... , Fire Tech~/ / /' WITNESS: ,.;;;~ Authorized Representative MONROE COUNTY ATTORNEY APPROVED AS TO FORM: ~" . 4-4 -- ~/J c.~____ ~ .t;~ SUSAN M. OR SlEV/ ASSiSTANT COUNTY ATTORNEY lDii@ ~;fC.A-?~rpL ..j~~~QC, CONTRACT BETWEEN THE BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA AND .-. FIRE TECH REPAIR SERVICE INC. FOR MAINTENANCE OF FlREIRESCUE VEHICLES THIS CONTRACT, hereinafter "CONTRACT OR AGREEMENT" made and entered into this is+- day of -;t al1, . . 2006 by and between Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, hereinafter referred to as "DISTRICT", and Fire Tech Repair Service Inc., hereinafter referred to as - - "CONTRACTOR". WITNESSETH: WHEREAS, the DISTRICT advertised a notice of calling for bid for MAINTENANCE OF FIREIRESCUE VEHICLES on the 14th day of October and the 21st day of October 2005 in The Reporter, on the 16th day of October and the 23w day of October 2005 in the Key West Citizen and on the 15th day of October and the 22nd of November 2000 in The Keynoter; WHEREAs, the successful bidder was Fire Tech Repair Service Inc., and; WHEREAS, this CONTRACTOR represents that it is capable and prepared to provide such services, and; WHEREAS, the DISTRICT intends to enter into an agreement for maintenance of Fire/Rescue vehicles, semi-annual inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure with the CONTRACTOR and; WHEREAS, this contract is an agreement between both parties, NOW, 'TIffiREFORE, in consideration of the promises contained herein, the parties agree as foHows: 1. CONTRAcr PERIOD AND RENEWAL - The effective date of this Agreement shall be January 1. 2006 through September 30.2006. This contract 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. 1 2. CONTRACT TERMINATION - This contract may be terminated for any reason by either party on 3D-day written notice without cause. If the CONTRACTOR faus to fulfill the terms of this agreement, or attachments, properly or on time, or otherwise violates the provisions of the agreement or of applicable laws or regulations governing the use of funds, the County may terminate the" contract by written notice. The notice shall specify canse. 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. 3. SUBJECT MAlTER OF CONTRACT - This contract is for scheduled semi ~ annual inspectioJ:ls and preventative maintenance of fire rescue vehicles, annual - pump tests and for unscheduled maintenance and repair resulting from equipment failure or malfunction. 4. RATES -The hourly rate shall be $73.00 per man-hour with no travel time or mileage charge. Semi Annual inspections and annual pump tests are at quoted flat rates and excluded from hourly rate. 5. OVERTIME AND HOUDA YS - Rates per man-hour for emergency repairs caned outside normal business hours and federal holidays shall be one and one half times the nonnal rate. 6. SEMI-ANNuAL INSPECTIONS - During the year CONTRACTOR shall perfonn two inspections on vehicles described in ~~Attachment A" (Level I and Level II Preventative Maintenance Service) at an annual total cost of: Rescue-type vehicles, without pump $ 360.00 Pumpers $ 490.00 Aerials $ 640.00 Exception shall be if a vehicle has been used 1,000 hours prior to yearly preventative maintenance service, Level I and n Preventative Maintenance Service shaH be performed and charged the above rate. Level I: o Hours or 6 months whichever comes first Full vehicle inspection as per attached semi-annual inspection schedule plus: - Engine oil and filter change - Fuel filter change (every 6 months) - Air filter inspection and replacement if necessary - Chassis lubrication 2 ~ Outboard (fonvard) impeller shaft lubrication - Lubrication of aU valve control linkages ~ Clean or replace air compressor strainer - Clean engine crankcase breather - Inspection of generator and service of lubricant system, full system, and air filter according to its individual hours of operation (not to exceed 6 months) -- Level II: 1000 Hours or one year (which ever comes :fusU Full service performed in Level I plus: - Replacement of coolant hoses, filter and coolant as needed - Replacement of all drive belts as needed - Replacement of pump transmission oil and filter Replacement of engine transmission fluid and filter -:;:.,-i. - - - Replacement of rear axle lube oil as needed _ - Inspection of front wheel bearing - Replacement and repacking as needed - Inspection and cleaning of relief valve strainer - Replacement of secondary fuel filters on both engine and generator The number of vehicles may fluctuate from time to time due to new purchases or removal of vehicles from inventory. The inspections shall be prefonned at the respective fire stations. 7. WORK SCHEDULE - Regularly scheduled semi-annual inspections and preventative maintenance shall be conducted at such intervals as are approved by the DISTRICT. 8. PUMP TESTS - CONTRACTOR shall perform an annual pump test at a flat rate cost of $250.00 each for all vehicles requiring such test. In order to facilitate the passing of the pump test, minor repairs and adjustments shall be made as needed; price includes clean-up after salt water use. The CONTRACTOR shall provide documentation of performance to Monroe County. The documentation must be in the form of an electronic version report that is emailed to the Captain of Support Services. The form must either be in Microsoft Word or Excel. 9. PARTS, FLUIDS AND LUBRICANTS - All parts, fluids, and lubricants used for maintaining and repairing vehicles shall be supplied by CONTRACTOR and billed to the DISTRICT at cost plus 25%. For parts $400.00 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. 3 10. ENGINE OIL ANn ALTER CHANGE and complete drive train lubrication and any other fluids and/or filter changes, shaH be performed as recommended by the manufacturer. 11. SEMI-ANNUAL INSPECTION SCHEDULE - CONTRACTOR shall perfonn the following inspection and preventative maintenance twice per year on aU vehicles: .-.. (a) Cooling system, including fan belts, radiator supports, hoses and c!amps, and auxiliary cooler; (b) Exhaust System, including hanger, clamps, muffler, and pipes; (c) Clutch, including freeplay, linkage, and fluid levels; (d) Manual Transmission, including seals, linkage, and lube level; (e) Automatic Transmission, including fluid level, seals, modulator adjustment, and linkage; (f) Drive Train, including V-joints, center support, and companion flanges; - (g) Rear Axle and springs, including oil links, spring hangers, center bolts, and . U -bolts (h) Front End, including steering box, linkage, kingpins and bushings, spring hangers, and V-bolts; (i) Mechanical Brakes, including adjustment and fluid levels; G) Air Brakes, including drain, adjustment, wear, and air leaks; (k) Tires, including condition and wear; (1) Electrical System, including running lights, emergency lights, battery cables, tum lights, 4-way flasher, headlights, stop lights, and switches; (m) Fuel System, including hoses and fittings, filters and brackets, and tank straps; (n) Booster Tank, including leaks and supports; (0) Prime Pump, including electrical wires, coupling, switch, and valve discharge; (P) Plumbing and Gates, including leaks, brackets, bleed valves, control arms and knobs, and linkage; (q) Main Pump, including vacuum test, pressure test, packing, clappers, and mounting; (r) Pump Transmission, including fluid levels, seals, shift motors, and manual override; (8) Aerial Ladder, including power takeoff, drive shaft and coupling, P.T.G. activating device and outrigger controls; (t) Aerial Operation, including engine RPM., hydraulic pressure, operation of all controls, warning devices, hoses and fittings, rung covers, ladder locks, and ring gear; (u) Aerial Platform, including lubrication, platform leveling, electrical system, turntable and platform controls, communications, and water tube. The above inspections shall include, at no additional labor charge, the Changing of all applicable f1Iters and fluids used by the unit being inspected. Air filters shall be changed on first inspection and then yearly thereafter. Filters and fluids shall be 4 billed at cost plus 25%? as previously described in Section 9 of this AGREEMENT. Upon completion of inspection a computerized report will be forwarded to the Captain of Support Services indicating the status of the items inspected. This will be done for every vehicle when Preventative maintenance is performed. on the vehicle. This report must be ~mailed to the Captain of Support Services at lubert- peter@momoecounty-fl.gov. The form must either be in Microsoft Word or - Excel. 12. WEEKLY MAINTENANCE SCHEDULE - CONTRACTOR shall provide to the DISTRICT a preventative maintenance schedule that can be performed weekly by the individual Volunteer Fire Departments' personnel. 13. MAINTENANCE WG - CONTRACTOR shall maintain an inspection and maintenance chart on each vehicle containing at least the following information: - ~ (a) Date of performance, (d) Parts used, (b) Apparatus serviced, (e) Name of service person( s), (c) Service performed, (f) Total downtime of vehicle A copy of this chart shall be supplied to the Fire Rescue Office within 30 days of the service. 14. COMMUNICATION - CONTRACTOR shall maintain a telephone or paging device such that prompt notification of request for service is possible twenty-four (24) hours a day. 15. RESPONSE TO SERVICE REQUEST - CONTRACTOR shall maintain itself in a state of readiness during normal working hours, 8:00 am - 5:00pm Monday thru Friday, and shall respond to the location where emergency repairs are needed within 12 hours of receiving a request. For repairs required after normal working hours, CONTRACTOR shall respond to the location where emergency repairs are needed within 24 hours of receiving a request. 16. CERTIFICATION - CONTRACTOR shall provide evidence satisfactory to the DISTRICT that its personnel who perform maintenance work are certified in pump mechanics, general mechanics and repair. 17. QUALIFICATIONS OF MAINTENANCE PERSONNEL - All personnel performing maintenance, repairs, adjustments and related work on Monroe County equipment shall be a certified fire apparatus mechanic or otherwise certified for the work to be performed. Personnel performing work who are not certified or experienced in such work shall be directly supervised (in person) by an individual with such certification. 5 18. INDEMNIFICATION - CONTRACTOR shall indemnify and hold the DISTRICT and Monroe County harmless for any negligence on its part, or faulty or improper workmanship, for aU work performed under this contract, including all costs of collection, reasonable attorney fees, claim costs, and as per tlAttachment B". All property or equipment being directly m~ntained 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. -'- 19. LOCATION OF WORK - This contract is for maintenance of fIre rescue vehicles located at the following sites: A. Stock Island F. Monroe County Fire Academy (Marathon) B. Big Coppitt G. Conch Key C Sugadoaf H. Layton D. Cudjoe I. Tavernier -~ - E. Big Pine 20. INSURANCE - During the term of this contract, the CONTRACTOR must keep in force and effect the insurance required by Attachments C". Attachments C" are attached and incorporated into this contract. 21. ADDmONAL REQUIRED STATEMENTS/VERIFICATIONS/AFFIDA VITS. Attached hereto in "Attachment D" are Public Entity Crime Statement, Non- Collusion Affidavit, Ethics Clause, and Drug-Free Workplace Fonn 22. PAYMENTS - Payments for semi~annual inspection, preventative maintenance and pump tests shall be made by the DISTRICT within 30 days of the completion of the rendered services on each vehicle and proper invoicing by the CONTRACTOR. All unscheduled maintenance and repair r~sulting from equipment failure or malfunction requiring service shan be billed by the CONTRACTOR at the applicable rates as specified in Section four, fIve and six of this AGREEMENT. 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 DISTRICf 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 Qut come and actual cost. The DISTRICT shall issue a separate purchase order for each Occurrence of unscheduled maintenance and repair. 23. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 24. Venue for any litigation arising under this contract must be in a court of competent jurisdiction in Monroe County, Florida. 6 IN WITNESS WHEREOF, each party hereto has caused. this contract to be executed by its duly authorized representative. BOARDOFGOVERNORSF~ AND AMBULANCE DISTRICT 1 ',-:. , '. Ofi:O OECOUNTY~L .~~ ',;:~ - :;"~:.2 ";, ~ ; '"t- - '_./. .~'. . (~E4LY::;;;~. ~ )1~ :l~~;/::s ~~,;: :.~:g~'~;''-;'i~ .~)'. I . A -- !~. ~.~ .'1.. ...., \ \. ;".':" '.:,' " i; MI:! ye~ Chauman \~::'~~~'~~,~~~i.'~~~~~~' ~":~~~.':.:<: j/ "<<__~;:~f~,t~hnY L. Kolhage, Clerk O~~.c. Clerk 1'3.1 t.ll@ S - WITNESS: Fire Tech Repair Service Inc. ~ /~) Authorized Representative - ~ ::t 0 g "'i'i 0)> c:R r $ z "Vi rr1 o("jz ri'1 0 m' -< co ;:r::: -r'l n- r i 0 o C') . 0"% -.':) c::-::r.. ~ ::i: ?O C :c- ;::a -In' :i: m -<--1:-"::' n .';> 't.C 0 "T'l C) ." ::;0 ~ P1 N 0 ....... 7 .-: ./ll""'h.1 {/pl..:,,(.;>MQ:~,J,..,.,._. ... I/'L'_D/"}~hf Attacbulent A Monroe County Fire Apparatus District 1 Location Vehide Description Stock Island 1990 E-One Pumper -- 1994 Southern Coach Tanker/Pumper Big Coppitt 1983/89 Ford Rehab Unit 1990 E-One Pumper 1999 Southern Coach Pumper 1978 LFRNC Pumper Sugadoaf 1993 Boardman Triple Comb Pumper -0."" - 1986 Chevrolet Rescue Pumper 198111998 Saulsbury 3000 Gallon Tanker! Pumper Cudjoe 2003 Pierce Pumper Big Pine Key 1989 Young Pumper 1981/1998 Saulsbury 3000 Gallon Tanker/ Pumper 1996 Dodge 3500 Brush Truck 1985 AMGC 6 x 6 Brush Truck Marathon Airport 1997 E-One Ford 450 ARFF Monroe County Fire Academy 1985 AMGC 6 x 6 Brush Truck (Marathon) 1978 LFRNC Pumper 1978 LFRNC Pumper Conch Key 1989 Young Pumper 1981/1998 Saulsbury 3000 Gallon TankerlPumper Lay ton 1992 E-One Rescue 1990 E-One Pumper Tavernier 1992 Saulsbury Hose Reel Truck 1988 Spartan RescuelPumper 1988/2004 E~One Aerial Platfonn 2001 Pierce Pumper 1992Ford Rehab Unit 194n Edition - MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACTADMnaSTRATION MANuAL -~ Irmdemlllificati@D aad H@1d Harmless for Other COllltncton amd 5mbeOiUndon 1l1e COntractor covewwts and agrees to indemnitY and hold hmnleu Monroe County Board of County CO~ioners from.any aM aU claims for bodily injury (including death), personal iIljmy, and property damage (mc~ property oWl:led by Monroe County) and any other losses, -""-;. dam.i!ga, and ~ (includmg attorneys tees) which arise out o( in cormection ~ or by - reason of services provided by the COntractor or my of its Subcontractor(s) in any tier, occasioned by the negIi~ence, emJi'S:. or other wrongful act or omission of The Contractor or its Subcontractors in any tier, their empIoy~ or agems. In the event the completion of tile project (to include the work ofothen) is delayed or suspended as a result of the Contractor's fiillure to 1oW'C.b.ase or maintain the required insunmce, the Contractor shaJ1 indemnify the County m any and all increased expenses resulting from siich delay. -- The first ten doUan ($10.00) of'remun.enmon paid to the CODtractor is for the indemnification provided for above. The extent of liability is in 00 way limited to, reduced, or I.essened by the insurance requirements contained elsewhere within this agreement. . - res Administratioo. fnstruction Attachment B #4709.5 ~ , , ! 99@ Eiliun8 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Geuenllu$urance Requirements . for Other Contneton and Subeontndon -.- As a pre-requisite oCthe work governed. 0' the gqods 3lied under this OODlmct (including the pre.staging of personnel and nm.teriaI), the Co.n:l:ractor obtain, at hisIber own expense, msu.rance as specified in my attached sched~ which are made part of this contract. The Cont.mctor will ensure that the iDmraooe obta.ioed will extend protection to aU Subcontractors engaged by the COMrnd;or. As an alternative, the Contmctor may require aU Subcontractors to obtafu imumnce oo~ with the attached schedub. -:.."'- ~ The Contm.ctor will not be permitted. to commence work: governed by this contract (including pre. staging ofpenonnel and mat~ until satisfactory evideri.ce oftbe required insurance has been furDis&d to the CoWily as spec. heIow. DelaYS in the oolDiDCl>Cemont of work. ~ li'om the &ihm:: of the Contractor to J'Wvide ~ry evideDce of& required insurance, oot extend deadlines specified in thiS contract and any penalties aDd 1DiIure to perform assessments shall be imposed as if the work COmmenced on the specified date and time, except fur the Contractor's &iIure to provide satismctory evideDce. The CODlmcto, sbaD ....-..m IiIe required insunmoe ~ut the entire term of this OOiltraet and ~ exteiWou specified in the attached schedUle& F . to comply with this provision may result In the immed.Uite ~n of all work until the reqtdred insurance has been reinstated or replaced. DeIo;yo in the 00IUpIeti0n ofwork ~m tho liliIun: of tho Contractor to maintain the ~ insurance shall not extend . specified in this contract and my penalties and to ~rm assessments shaD be ~sed as if the work bad not been suspended, except for Contractor's .fiWu.re to maintain the required insurance. The COntractor sMn provide, to the County, as sati:s&ctory evidence of the required insurance, either: €l Certificate ofInsuraooe or III A Certified copy oCtile actwd insunmc@ policy. The County, at its oole option, has the right to request a certified copy of any or all insurance policies req~ed by this contract. All insumnc~lici@s must specuy that they are not subject to cancellation, non-renewli4 material change, Of ion .in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptaoce and/or approval oCIiIe Contractor'. insurance sbalIllOt be construed as reUevmg the Contractor from any liability or obligation assumed under this contract or imposed by law. Administration Instruction Attachment C' J4709.5 1 of 7 1996 Edigilm\ The Monroe County Bomd of County Co:mmissionefs~ its employees and officials vJill 00 m;J:;liilld6>d! as iiAdditiomI Insured'~ on an policies~ except for Worken' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for WaiveI' ollDlulImnce Requirementsf! and approved by Monroe County Risk Management. - -:..... - Attachment C 2 of 7 AJrninistration Instruction #4709.5 1 0'i{, E,ji~inn MONROE COUNTY, FLORIDA Il.USK MANAGEMENT POLICY AND PROCEDURES CONTRACTADMUilSTRATION MANUAL WAIVER OF IN:.SURANCE REQUIREMENTS _e" There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard i:nsmance requirements specified within this manual Recognizing this potential, and acting on the advice of tile County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modifY various insu.rance provisions. Specifically excluded from. this authorization is the right to waive: - - III The County as beinlliluamed as am AdditilOmal Insured G If a letter from the II!Sl.U'anCe Company (not the Agent) is presented, stating that they are UMble or unwilling to mune the County Wi an Additional Insured, Risk Management has been granted the authoFity to waive this provision. and e The b.demDU1eatioil sild Hold Barmleu prnviiioD8 WaiviJ.1g ofinsura.nce orovisions could ex.pose the Count\" to economic loss. Fcr this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver cr a modification is desired, a Request felf' W liiver @f IlIIsunll.ce Requiremeots form should be completed and submitted for consideration with the proposal. After consideration. by Risk Management and if approv~ the fonn will be returned., to the County Attorney who will submit the Waiver with the other contmct documents for execution by the Clerk of tile Courts. Should Risk Management d~ the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners? who retains the final decisio!ffi making authority. Adm inistnl.tion Instruction Attachment C #4709.5 3 of 7 19% Edi!ivll 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 1I18W"ance. Coverage shall be maintained throughout the life of the contract and include, as a. minimum: G Premises Operations Products and Completed Operations - G - Ii Blanket Contractual Liability G Personal Injury Liability e Expanded Definition ofPropefty Damage The minimum limits acceptable shaU 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 Occunence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage fur claims :filed on or after the effectiye date of this contract. In addition, the ~riOd fOli which claims may be reported should. extend for a minimum of twelve (12) months fo wing the acceptance of work by the County. . The Monroe County Board of County Commissioners sbaI1 be named as Additional Insured on all policies issued to satisfy the above requirements. GLl Administration Instruction Attachment C #4709.5 4 of 7 ! 996 Editirm 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 Contmctof9 prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract: and include, as fA mimm~ liability coverage for: €II Owned, Non-OVJl1~ and Hired Vehicles - - The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable slmll be: "- :1; 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shill be named as Additional Insured on all policies issued to satisfY the above requirements. . , VLl Administration [nstruction Attachment C #4109.5 5 of 7 ! 99& Edi,ion V/ORKERS9 COMPENSA nON INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA - AND --. Prior to the c()~ement 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 WWWlCe with limits of not less than: $100,000 Bodily Injury by Accident - $500,000 Bodily Injury by Disease, policy limits - $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor bas been approved by the FloridaVs Department ofLaoor, as an authorized. seJf& insurer, the Coumy shall recognize and oooor the Contmctots status. The Contractor may be required to submit s Letter of Authorization issued by the Department of Labor and a Certificate ofInsu:rance, providing details on the Cont.ractor's Excess Insurance Program. If the Contractor participates in a self-insmance ~ a Certificate of Insurance will be required. In additio~ the Contractor may be required to submit updated financial statements from the fund upon request from the County. . wet ... Attachmnet C Administration Instruction 6 of 7 #47095 r iG~(ri Euitin~ l'rfOl'1l01 COtrNTy~ FLORmA R~Q_t For Waiver 01 IDlunlilte Require'meuR I. is .....- that th. in_ reqni......... OIl specllied in th. c...iJ1's Scbednle .flnll1J1'allc:e Rcqui.......... be waived. Or modified 00 the mlfowing centnct. ContrKtor. FJt24- - ) 1J.cJ--l R.#'JIl/i2- S 6r'<.I/jU ::C/tJfI-. Contnd fur: r,iZL APPI?~ru< MA1/VrA;tJAII/CL Addll'=a ofC(ln~r: p.o~ SaM... I S"7o .~a:'1 L.~ ,.e.'i [) J ~L s'Jo'37 - Phone: '3~ "19#"' J'l9t,. /.:?tti..-Sl:l.-YYS-.R . ~of{Work: #1 j()//I/lif.JVAAlCi!- OF: F'J/4,.r f<.Me"f If t/Jt fllCt.JfS ~ ~ mr Wah,9': . W/i. _~JJ:E ;Va F-047l'lO'I''4< - 4)olU( '., tI"(/lFol2mt:6 e<" ~ ~. I ~WflA/I)1 Ot;.)/.J6..te.S ArJb i:t{IS0JA.7~b/GS Polici€l$ Waiver r...Jol4<'fi1t!N'5 ~PJVtJSIrrT/biV will apply to: Sipamre of Ci08~r: ~ ~ ~ A~ ~ ---- Not Approved Risk Manlgememt ))i\ " c;Q1uj~ Date ~'~~rDI . County AdminisU3tcw appeal: Approved: Not Ap(:tI'o....ed: - Date: Board ofCoullty Commissioners appeal: Approved: Sot Approved: ~1eetin8 Date: Adm inistratioo fmtE'l.!Cti..:m Attachment C i'l4709,5 7 of 7 PUBLIC ENTI'IY CRHdlt STATE:MENI' "A person or affiliate 'Ill,llo has ~ p~ on the convicted vendor Jist fonowing a conviction fm public entity crime may DOt mbmit a bid 00 a oo~ to provide my goods or services to a public entity, IlWlly not iUbmit a bid on a ~ with a public entity 1m- the oo~oo or repair of a public buiidina or public WcR:, may not submit bids on leases of real property to public entity, may not be awarded or perform work is a oont:ractor, mpplier, subcontractor, or conm.dtant under a coo.tmct With uy public entity, md may oot transact business widiany public entity in excess of the threshold amoamt provided in Section 287.011, for CATEGORY TWO fer a period of36 mooths firom the date of being pW:edoo the convicted vendor list." By signing below I acknowledge that I have read and W!d.emtud the above-referenced statement. STATE OF Fl.~rt!cOA- d ~iIf'~l:c'./k..) . (Signature ofBi ) ~"' COUNTY OF t1!&/1 f'c'l'€- // - r~ c:;- Date PERooMALL Y APPEARED BEFORE ME, the undersiped authority, Ro (1 r" .--+ 8 U I::: L. -e '/. -. ....lint beq; __ by..... C....... of indiWlual llIipin,) affixed hisIher mpaWlre in the space provided above 00 thii 1.-tth day of (\ 0 V e r'r)\!3 -e r ,20 0..s - . ~n(~ &rA- My oommission expires: N AR.Y PUBLIC (/ ~M.COOK ~~...ca~ ..~ . ecmmliiBltlft i1J D01W101 ~rtt~!alNoUy~ Attachment D 1 of 4 NON=COLLUSKON AFFIDA \fIT ^ ~. ~~ . i. j2u!7.o?r r~,0y/ I~ "" of the city of Tgv~"'/ll/c""'" according to law on my oath9 and under ~of~,~mdN.Ytiw; 1) I amC.t't::/Mes_ ....p ri.re;T't'"e4 4~,.r S't1"'\H.e.~ the bidder making the Proposal for the project described as follows: . . ~llT"""".. "" J"hp"",,~ ,;r,. ~ .e-~ 4;41iT 4 Vp4,dos /?"Q-t:...." - 3l?--Q-jf/V,t. 2) lhe ~ in dU bid haw been nved at ~tly without colhuion, ~on, ~~Qf~b~~Gf~~MtoaDJ'~~t@llIJleb pri~wDhmJ~~~widamJ~ - - 3) Unkn ~ ~ by li.w, the prices which have beeo quoted in WI bid have not beaD. ~y ~ by the bidder and will not bowingly be disdosed by the ~ ~to bid ~ ~y or ~y, to any odwrbidder or to any competitor; and 4) No~_ heenfl1fWkl_wm be... by dIe~m ~my~~ ~ or ~oo. to 1mbmit, or OO'tm submit, a bid tW the ~ of~ oompetition; S) 1'he ~~ conWned in tbWaftidaw am true md ~ ami !Wide with ftill koowloo,ge thit M~~~ upon the bib of the !!l~ OOObmed in this ~ in a~ oo~ fur said project. . b~~..t?~~/T~) STATE OF fi Ol'l~ (Sopatme 0 Bll COUNTY OF Yh 0rf1 f'o"(", II-r-rlJ~ Date PBUONALL Y APPBAIUm BEFORE ME, the ~ Mdbori.ty, f.2.o ~ 0;:. r- T 8 1..It-l-C ~ ....... .... fimt W. ........ by ..... <_ of iadiwiduoi .DI)~~ll!i~m ~~Doveonddl 1-/ +- h. n 0 ue:r-n G er- .200 j-. .yof ~~y~~fl 0d My oommiaion expire!: -----......------ MIRY. eoac OMS ~ Mer FORM #1 Nokuy ~.. "ofFblcb ..3007 ~#DDI101OJ ~ ~taIlNoDy-.. Attachment D 2 of 4 SWOPJii STAUMENT UNDER OP"DINANCE r~oo MONROE COllJ.NTY~ In.ORIDA ETHICS CLAUSE: fk/J-Prr G r5t:>f' fer ~ that herrt hu not employed, ll'dUned . or o~ had act 00 hWits behalf any form.er County officer or employee in violation of - Section 2 ofOrdi~ No. 10..1990 or my County officer or emplo~ in violmoo of .--. Section 3 cfOrdinmce No. 10-1990. For breach or violatioo of1hU provision the County ~, m jg ~~ tefmimue this oontm.tt without liability md may ~9 in im ~on, ~ deduct &om the eoomwt or purchue price, or oth~ reooVef, the mn amount of my fee, ~iuioo,~!l gift, ~ ~~ paid to the fcrmerCoomy ot&er m' employee. -'-~ - ,'2 ( Jr;. ~$? ~&.jT/'(5.) Dm: / / Y' -0 .r::;-- STATE OF ~f'fcOA- COUNTY OF f/J!onrc ~ PERSONALLY APPEAR.ED BEFOU ME, the ~~, '" ~DGe:rT 13 U,l-e1 who, derfim being nrom by me, ~ hUJher llIipamm (Mme of~ mip. in the ~ provided above em tbU 1-1 +'" .yof 20 oS: My oommiuioo apm: ~M.~ OMS a MCP FORM N4 ~---"'- . . eo::;::~~~ ~~ Aan. Attachment D 3 of 4 DRUG=FREE WORKPLAOt FORM The mdeni~ venoor in ~~ with Florida Statute 2I7.0'in hereby ~ that: h/e -tee-t.... ~~ft(.lr ?/'\I/C-r' ---~ t- (N~of~) -, 1. PublUh a _tement ~ employeea tiw the uokwfui .tm~. diltribmioo" dispemdng, poueu~ Of De of i1. ~ ~ iI pmhibited in the wodtph1ce _ ~fyiq, the alijDS that will be ~ ~ emplo~ for violatitml of mch prohibition. ~. fDbm empIo~ __ die ~ of dwa Die m the w~ ., t.ml~.1 potiq of ~.;-. a ~ ~ ., ~tmWe .. ~JluJ!t""lI~ ~ _ ~ ud~~. Uld1be~ dW:may'be impoIed upmi ~~ f<<dmg~ 'Vio~. - -:..""- 3. Give ed employee ~.. ~ die eommoditia or ~ ~ dud M'e ~bid - a copy orebe ibdanem apecifted in lm~OD (1).. 4. In dTie mt~ ~ m ~ (I), notify the employea tUi, u a oood~ of~ em the ~ or e....Mi.~1 ~ ~ se ~~ the ~ wiD ~hy~ ta'mI fl. ~ and wiD ~ b emp1oym." or., comridim 0( Oi' plat of piky 0'l1iiD1o ~ to. my ~ of~m (PiOO.. ~) orofmyCOlmimUod_~ law ofQhe umted ~ --y stUC, fm' a vio~ ~ in the w~ DO later.. five (.5) da)'lil after mch conviction. s. ~ at ~ 00. .. ~ Qhe .n~ pmidpadoo in .. drq abue .,imUllmtCC << ~ ~ if ~ . ~k: in the ~.I OOjiBoi.iu!lll.ity~ _ my emp~ who is $0 ~. ... 6. Mmb.. pod fid1h effort to ~ to msmt9.m .. dmJ,-~ wolltpl.mce thmu&h implemenmtiOD of tJ.:ij; KCtion. AIll * ~ ~ _ lidp the ~ I OOdify dut dm fum complies fully wi6 dim above ~. Bi~i Sipmre p) II-V-os- Date OMS - Mep FORM #S Attachment D 4 of 4 ."