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Item G2 BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMMARY Meeting Date: February 18, 2009 Division: Emergency Services Bulk Item: Yes No x Department: Fire Rescue Staff Contact Person: Camille Dubroff X60 1 0 AGENDA ITEM WORDING: Approval of Renewal Agreement effective from March 1, 2009 through February 28, 2010, between Board of Governors of Fire and Ambulance District 1 of Monroe County Florida and Roy Khanna for maintenance of Fire Rescue vehicles (Ambulances) including inspections, preventative maintenance, and unscheduled maintenance and repairs resulting from failure or malfunction. ITEM BACKGROUND: The original agreement provides for annual renewals for up to three (3) one-year periods, with approval of the District's governing Board. We are requesting approval to exercise the renewal clause for the second one-year period, commencing on March 1, 2009 and ending on February 28, 2010. PREVIOUS RELEVANT BOG ACTION: On February 21,2007 the Board awarded a bid and entered into an agreement with Roy Khanna for the maintenance of Fire Rescue ambulances, including quarterly inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure. On February 20, 2009, the Board approved the first one-year renewal agreement effective from March 1, 2008 through February 28, 2009 between Board of Govemors of Fire and Ambulance District 1 ofMomoe County Florida and Roy Khanna for maintenance of Fire Rescue vehicles (Ambulances) including inspections, preventative maintenance, and unscheduled maintenance and repairs resulting from failure or malfunction. CONTRACT/AGREEMENT CHANGES: In accordance with paragraphs 2 and 5 of the original agreement, the hourly rate and preventative maintenance inspection must be adjusted by the most recent CPI for the past 12 months. On this renewal, in accordance with the current CPI, the hourly rate will remain the same at $75.00 and the charge for ambulance inspection with preventative maintenance performed will stay at $273.00. Contract term has changed to provide service for the period of March 1, 2009 through February 28, 2010. STAFF RECOMMENDATIONS: Staff recommends approval of this item as written. TOTAL COST: $80,000.00* INDIRECT COST: BUDGETED: Yes X No *which reflects the hourly labor rate 0[$75.00. preventative maintenance inspections at$273.00, and all parts, fluids and lubricants at cost plus 25%. COST TO COUNTY: $80,000.00 SOURCE OF FUNDS: Ad Valorem Taxes 141-13001-530-462 REVENUE PRODUCING: Yes No X AMOUNT ~R MONTH Year APPROVED BY: County Atty~ OMBlPurchasing -.L Risk Management V - DOCUMENTATION: Included X Not Required DISPOSITION: Revised 01109 AGENDA ITEM # MONROE COUNTY BOARD OF GOVERNORS CONTRACT SUMMARY Contract with: Roy Khanna Contract # Effective Date: Expiration Date: 3/1 /2009 2/28/2010 Contract Purpose/Description: Second renewal of agreement dated 2/21/2007 for scheduled general and preventative maintenance of Monroe County Fire Rescue ambulances: and for unscheduled maintenance and repairs resulting from equipment failure or malfunction. Contract Manager: Camille Dubroff (N ame) 6010 (Ext. ) Emergency Services 1 Stop 14 (Department/Stop #) for BOG meeting on 02/18/2009 Agenda Deadline: 02/03/09 CONTRACT COSTS Total Dollar Value of Contract: $ FY 08- $80,000.00 Current Year Portion: $ ] 3001-530-462 - $80.000.00 Budgeted? YeslSJ Grant: $ County Match: $ NoD Account Codes: - - - - -~~~~ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities,janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director 1- 30 - 09 YesD No0' Risk Mana~me~ \ '-~"D9 Y esD Noui , Et- C; v1' ,r'Lg;\ .J. -- t ~ ~. O.M.B./Purchdsing ~()~ YesDNob..tJ ~, r ~ County Altol11ey I/~ YesO Nol19 ~ L~elU~ i. r!-aJ1 Comments: Date Out OMB Form Revised 2/27/01 Mep #2 OK~~ErY ~O~~3~~E 130S) 294 -4641 DIVISION of EMERGENCY SERVICES 490 63nl Street Marathon, FL 33050 PHONE: (305) 289-6088 FAX: (305) 289-6007 DATE: r.~-"-'W':l--. BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 Mayor Pro Tem Sylvia J. Murphy, District 5 Kim Wigington, District 1 Heather Carruthers, District 3 Mario Di Gennaro, District 4 MEMORANDUM Janumy 27, 2009 Roman Gastesi, County Administrator Debbie Frederick, Deputy County Administrator "~~/ ';J/ e: ~--<;"''''--1/~ i:/ . ..... I ~f:tvj .v /"---;f' , .' r / /' l...- TO: FROM: Jim Callahan, Interim Fire Chief Emergency Services Division RE: Absence of Fire Chief I will be Qut of the county from 0800 January 29 through 0800 February 3,2009. During my absence, Battalion Chief Cab Bentley will have full authority to act on my behalf including approval of appropriate fiscal documents. cc: Shift Battalion Chiefs Assistant Fire Marshal Arthur Romero Captain Steve Zavalney Billy Pruitt, Logistics Susie Martenson, Trauma Star Pam Johnson, UKH CTD Irene Toner, Director, Emergency Management Chief William Wagner, Islarnorada Fire Rescue Marathon Fire Rescue Chief David Fraga, Key West Fire Department Chief David White, NAS Key West Fire Department All Volunteer Chiefs Division Directors Purchasing Department Finance Department Sheriff's Department, Headquarters Sheriffs Department, Central Communications RENEWAL AGREEMENT This AGREEMENT dated the day of ,2009, by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter called the "District" and Roy Khanna, whose mailing address is 3117 Carol Avenue, Palm Springs, FL 33461, hereinafter. called the "Contractor". WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated February 21, 2007 for scheduled general and preventative maintenance of all Monroe County Fire Rescue ambulances, and for unscheduled maintenance and repairs resulting from equipment failure or malfunction; 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 option for the continuation of scheduled general and preventative maintenance of all Monroe County Fire Rescue ambulances, and for unscheduled maintenance and repairs resulting from equipment failure or malfunction; 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 the second additional year pursuant to paragraph 2 of the agreement entered February 21,2007. 2. In accordance with paragraphs 2 and 5 of the original agreement, the hourly rate and preventative maintenance inspection must be adjusted by the most recent CPI for the past 12 months. On this renewal, in accordance with the current CPI, the hourly rate will remain the same at $75.00 and the charge for ambulance inspection with preventative maintenance performed will stay at $273.00. 3. The effective date of this amendment is March 1,2009 and shall extend through February 28,2010, under the same terms and conditions of the contract dated February 21,2007. 4. All othe r terms and conditions ofthe contract dated February 21, 2007 shall remain in full force and effect. Attest: DANNY L. KOLHAGE, CLERK BOARD OF GOVERNORS, FIRE AND AMBULANCE DISTRlCT 1 By: Deputy Clerk By: Mayor/Chairman vnTNESS'~_ C1ffl/;!./ tJdJ.-rt;f2 RC}'7JANNA /~/ :J~ MONROE COUNTY Att~presentative ARPROVEQAS T FO .M: L :L$u.- {-. . YNTH IA L. HALL ASSISTANT COUNTY ATTORNEY Date (~ ^"3 - ;;z.ooq - ., RENEWAL AGREEMENT This AGREEMENT dated tne drf~ay of ~ . 2008, by and between - the Board of Governors of Fire and Ambulance District 1 of Mo e County, Florida, hereinafter called the "District" and Roy Khanna., whose mailing address is 3117 Carol Avenue, Palm Springs, FL 33461, hereinafter called the "Contractor". WITNESSETH WHEREAS, thl~ parties hereto did enter into an agreement dated li'ebruary 21,2007 for scheduled general and preventative maintenance of all Monroe County Fire Rescue ambuIiances, and for unscheduled maintenance and repairs resulting from equipment failure or malfunction; and WHEREAS, said agreement provided an option to the District to renew the contract for three additional one year terms; and WHEREAS, th(~ DISTRICT has elected to exercise said option for the continuation of scheduled general and preventative maintenance of all Monroe County Fire Rescue ambulances, and for unscheduled maintenance and repairs resulting from equipment failure or malfunction; now therefbre IN CONSIDERATION of the mutual convenants and obligations t:ontained herein, the parties agree as follows: 1. The District elects to renew the contract for the first one additional year pursuant to paragraph 2 of the agreement entered February 21, 2007. 2. In accordance with paragraphs 2 and 5 of the original agreement, the hourly rate is adjusted by the most recent cpr for the past 12 months from $73 to $75 and the charge for .03' ambulance inspection with preventative maintenance performed increases from $265 to f: Lf> ~J2Ja. c: fa 3. ::;:1~~ffective date of this amendment is March 1, 2008 and shall extend through February 1\,; x ;:::iB~~009, under the same terms and conditions of tJ:ie contract dated February 21, 2007. ~'~~ : 4.}M~ther terms and conditions of the contract dated February 21,2007 shall remain in full . ~~::' ,'_ '" .~,J~ and effect. L' m '--1W J~~~,~ ?:::(.)o ..1'11/ jjy.rec;~',;,::, ~ ;/!f;, c~~i.~Y L. KOLHAGE, CLERK If,"'~;IZ" .r ,." ~~~:")\ ". \, ;: '-.' .... ~~,... I r....... '>~ . Ii:;.... '\"\q~"' " ..~ ': '. '., '~;: De;uty Cl ik- By: WITNESS: . , 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, eCONTRACTOR"), WITNESSETH: WHERE.,l,S, CONTRACTOR represents that it is capable and prepared to provide ambulance maintenance services; and WHEREAS, the DISTRICT wishes to enter into an Agreement with Contractorfor 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 .my 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 (") 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 30.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 Elquitable compensation for expenses incurred prior to termination of the agreement, less any amount or damages caused by the CONTRACTOR's breach. tf the damage!i are more than compensation payable, the CONTRACTOR will remain liable after temlination and the County shall pursue collection for damages. I 4. SUB-JECT 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 B' 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 shall 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 - 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 FIL TEA CHANGE - CONTRACTOR shall complete drive train lubrication and any other fluids and/or filter changes as recommended by the manufac.turer. 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 pertormed (f) Parts used and cost (g) Name of service personnel (h) Vehicle mileage (i) Engine hours (if applicable) A copy of this invoice shall 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 shall 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 any 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 indl3mnification shall survive the expiration or earlier termination of the Agreement. All propE~rty 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 e". 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,OOO/occurrence; Personal Injury Liabllity $50,000 Property Damage Expanded Definition of Property Damage VehiclE~ Liability $100,000 Combined Single Limit or (Ownelj, 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 V'. "Attachments 0' are attached and incorporated into this AgreemEmt. 18. PAYMENTS - Payments shall be made by the DISTRICT pursuant to the Florida Local Gc)vernment 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 separatEl purchase order for each occurrence of unscheduled maintenance and repair. 19. CONTINGENCY- Monroe County's performance and obligation to pay under this Agreemc~nt 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 - 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 TANT 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 - 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-ot-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 performance 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.ADJUDICA TION 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 providelj 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 AgreemE~nt. DISTRICT and CONTRACTOR specifically agree that no party to this Agreeml~nt shall be required to enter into any arbitration proceedings related to this Agreeml3nt. 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 01 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 S8. 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 perlorm 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 r 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 autl10rity 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 , ~ r.~_ _ ____ . J __ _____ .~.... ~~_ _ ____ ~ ___ ___~+_ _________ _______ __ _________ __ _____ _____ _____ 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 Signatun~ 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. - ro-:t c;::t -., c:;;) - --a l- ~ n1 r"'1 D co N -..; 0 C\ ::'J -0 :"""'.J 3: ['1 ,-; CA) 0 .. :;0 CJ1 C'I U) CONTRACTOR Print Name: Print Name and Title 1!U~ ------ WITNESS: Date: d~/"'U7 MONROE COUNTY ATTORNEY APPRO D ~s TO FORM: SUS M. GRIMSLEY ASSISTANT COUNTY 4TTOANEV Date I .- /p - tJ 9 SUBMISSION RESPONSE FORM Respondent's Name and Address: Roy Khanna 1033 Va1encia Road Telephone Numbers: ,Key Largo, FL 33037 (305) 453-1646 Office/Fax All amounts must be written and In number format. In cue of a conflict between the amount In Wordl 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 malfunctlon or failure requiring service: Hourly Rate Parts to be marked up by. $ 73.00 STATE OF f I o--u-L COUNTYOF_~.J... ~ 25 % over cost to the Contractor ~Biddor) 1;l-27-0Q Date PERSONAU Y APPEARED BEFORE ME., the undersigned authority, So1e Oilner Ro' Khanna IndMdual signing) -\ .J- a.... who, after first being swom by me, (name of Islher signature In the space provided above on this ~ .20 6 ~ " Atlachrmmt A (1 of 1) VEHICLE LOCATION ';- '~i~:'::~}~~~:',:., ':;~':"'-.! BIG COPPITT BIG COP PITT CUDJOE BIG PINE CONCH KEY TAVERNIER TAVERNIER USAR VEHICLE TRAINING CURRENT MONROE COUNTY FIRE RESCUE AMBULANCES Radio Prime or Call ..V:E.~A!M~~~ .M9Q~~ "' po'/:., .'. . ""'~''l1I\''~t&r' -'~1i~;r"" ....' .n~~~TXJ9~i$ii~~~'~~'X'~~"T~Jq,':1"i' ..", ' . ,~~;':':'" :~;, ~:;!N:~;,_'~,:~~}J~.'U:-~ ;1i~;,~~~~:-;~/~,':~-.;fj;S::~-!.r;:~1:'~~l~:U!~~!%~LT1~Dl;~5ff~~~~~~;~'~~~fls~~~1;i~~~ll~~~~n~~~~?~,:~~~;!fi~K~1ffi!:f(r7~~~~":~~~'j~~;~~ 2006 Sterling Ambulance 2FZAXFCS76AV92511 5098 Prime R-9 2001 FORD AMBULANCE 1 FDXF46F81EC33365 1416-208 Backup R-109 2001 FORD AMBULANCE 1FDXF46F61 EC33364 1416-207 Prime R-ll 2002 FORD AMBULANCE 1 FDXF46F22ED14878 1416-215 Prime R-13 2001 FORD AMBULANCE 1 FDXF46F41 EC33363 1416-206 Prime R-17 1999 FORD AMBULANCE 1 FDXF46F9XEB99283 1416~120 Prime R-22 1997 FORD AMBULANCE 1 FDLF47F8VEA 18040 1416-080 Backup ..... JH 2% 1994 F 450 FORD 1 FDLF47M8REA52323 1417-151 USAR 1997 FORD F450 AMBULACNE 1FDLF478VEA73393 1416-059 BLS R-39 .' Attachment B (l of 1) SUBMISSION RESPONSE FORM RespOndent's Name and Address: Roy Khanna 1033 Valencia 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. f 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: Hourl~t Rate $ 73 _ 00 Parts ~o be marked up by: 25 % over cost to the Contractor bBidde'l STATEOF f/~ COUNTY OF _+-?J... ~ So1e Olinar 12-27-06 Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, _Ro'l Khanna Individual signing) affIX ..... -J.- d d whO, after first being sworn by me, (name of lslhar 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 Hannless 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 servants, 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 emptoyees, 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 Contractors 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 res 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 materlaQ, the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this corrtract. 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 shan maintain the required insurance throughout the enUre term of this contract and any extensions specified in the attached schedules, Failure to comply with this provision may result in the immediate suspension 01 all work until the required Insurance has been reinstated or replaced. Delays in the completion of work resulting from the fallure 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 setf 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: Dl 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 certffied copy 01 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 Iiabllfty 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 IIAdditionallnsuredll 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 Walv9r of Insuranoo Requirements" and approved by Monroe County Risk Management, Attachment D (2 of 8) 28 INSURANCE AGENT'S STA.)EMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POUCY H C-L Y y f J)~ DEDUCTIBLES Sou -~~6 BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. - ~;';;01e Ovner 12-27-06 Signature INSCKLST Attachment D (3 of 8) 29 GENERAL LIABIUTV INSURANce REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY. FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Uability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: 'J Premises Operations 'J Products and Completed Operations :J Blanket Contractual Liability c Personal I njury Uability c Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Umit (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 10r 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 D (4 of 8) 30 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNlY. 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 Uability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: r.:J Owned, Non-Owned, and Hired Vehicles 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. VL1 Attachment D (5 of 8) 31 GARAGE LlABIUTY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by thhl 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: [j Premises and Operations Liability o Vehicle Uablllty o Contractual Liability o Products and Completed Operations Liability Co Garage Keepers' Legal Uabillty, to include: Comprehensive and CalUsion 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 Workersl 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 Ilmits $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. tf 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 Certtflcate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance wilJ be required. In addition. the Contract:or may be required to submit updated financial statements from the fund upon request from the County. WC1 Attachment D (7 of 8) 33 MONROE CO,UNTY. FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements. ba waived or modified on the fonowing contract: Respondent: Roy Khanna Maintenance of fire rescue ambulance in~Juding inspections preventative maintenance, and Contract for: nn~r!hpifnl ~rl m~ i nt:eon.,.nC"E' anq repairs r9sul tinfj Add of R d from failure or malfunction. ress aspon ant: 1033 Valencia Road, Key Lar~o, FL 33037 Phone: (561) 312-9792 Cell (305) 453-1646 Officq/Pa~ Stated Above Scope of Work: Reason for Waiver: I perform maintenance and repairs on amoulances on site (garage liability waiver) Not Approved Not Approved Date: Board of County Commissioners appeal: Approved Meeting Date: m _ _ J - Respond8nt~~er Not Approved 12-27-06 SIGNATURE Attachment D (8 of 8) 34 NON-COllUSION AFFIDAVIT I, Ho y 'Kha nna city of Key Largo and under penally of pe~ury, 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 Type I Ambu1ances 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 competitioo: 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. STATEOF F/~4- COUNTY OF ? J l- 73 ~ Owner 12-27-06 Date PERSONAlLY APPEARED BEFORE ME. the undersigned authority, Ro V Khanna who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this ~da1f ~k My commission expires: 7' / / NOTARY PUBLIC /17 bi ,20 0 " ~ L" BRENDA R. WEBB ~~ MY COMMISSION' Oo.tl609S ...~ EXPIRBS: July 17.:200) ~ I'l-'~As:c.o. OMB - MCP FORM #1 Attachment E (1 of 4) 35 PUBLIC ENTITY CRIME STATEMENT "A person or affilJate 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. STATE OF [I H-J~ COUNTY OF ~J" 3~ ~ (Signature-m Bidder)Sole Owner 12-27-06 Date PERSONALLY APPEARED BEFORE ME. the undersigned authority, 'Roy Khanna individual signing) affixed :;;; I YL day of k--L..- ? tJ.J:;tj My commission expires: ,I ! NOTARY PUBLIC 7//7 o'j BRENDA R. WEBB MY COMMISSION' DMI609'l ...WIIfI A iOQIUlES: Jll!y 11.2009 ~_ fl~f--'ht&o.. ~AIR' who, after first being sworn by me, (name of ther signature in the space provided above on this ~ I 20 0 {p Attachment E (2 of 4) 36 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: Rot Kll?nna (Name of Business) 1. Publish a statement notffying 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.tree workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above r(,'}~ JJ1 Bidder""s Signature So1e Owner 12-27-06 Date OMS - MCP FORM #5 Attachment E (3 of 4) 37 SWORN STATEMENT UNDER ORDINANCE NO.10~1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Roy Khanna warrants that herlt has not employed, retained or otherwise had act on hisrrts behatf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provisJon 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. Sol. ~~ (SlQnatur.) Date: 12-27-06 STATE OF fl t-lt-).~ COUNTY OF J~..J 1.. E-e~ PERSONALLY APPEARED BEFORE ME, the undersigned authority, Roy Khanna who. after first being sworn by me, affixed his/her -h... signature (name of individual signing) in the space provided above on this d 7 day of Ul-- k-v... t 20 {) {P. '- <<- ~.t i; NOTARY PUBLIC My commission expir.s: 71 J /0 ~ OMB .. Mep FORM #4 Attachment E (4 of 4) 38 Budget & Finance Contract Review Worksheet f\ I (n {o;-.. Contract with ~ Uaf\ f1 Ot BOCC Meeting Date ~ 9 Ifthere is a cost to Monroe County, is funding available? &:9 No N/A ~tr..u00tf2 (If no call Department) Is Cost to MOnroe County: under $5,000_ $5,000-$25,000 _ over $25,000_ did the department get two written quotes? Yes No (check with department) was this bid out? Yes No (check with Carlos Victores) Is this the low bidder? Yes No FS 287.0582 - all contracts which bind Monroe County for the purchase of services or tangible personal property for a period in excess of 1 fiscal year must have the following statement included in the contract. "Monroe County's peiformance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCe. " Is Non Appropriation Clause present7@ No FS 287.133 - requirement for vendors to file a public entity crime statement prior to issuance of a purchase order or contract having a value in excess of the thresholdfor Category two($25,OOO, 2002 Florida Statutes). Statement which reads as follows: "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 peiform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with anypublic entity in excess of the threshold amount provided in Section 287.017, for CA TEGORY TWO for a period of 3 61le:!!zs...fom the date of being placed on the convicted vendor list." Is Public Entity Crime Statement present?~~o Is Ethics form or statement present? "Contractor 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. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. 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 o~ fee, commission, percentage, gift, or consideration paid to the former County officer or employee" ~No (Ifno comment on contract summary) If this is a grant agreement, is budget set up? Yes No ~ (Ifno keep copy with resolution folder) If this is an amendment, is original contract inCIUded?~O N/A (If no make note to department) Is there a cost of living claUSe?GNo N/A If so does wording match Purchasing Policy Wording "adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (Cpr-D) for the most recent 12 months available"? Yes No N/A Additional Comments Contract read and reviewed by ec- If cost to Monroe County is over $50,000 route to Budget Director, otherwise route to Senior Budget Analyst.