Item C15
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16-17, 2000
Bulk Item: Yes X No
Division: Upper Keys Health Care Taxing District
Department: Trauma Office
AGENDA ITEM WORDING: Approval of agreement with Wheeled Coach, Inc., for the purchase
of one Type I, Year 2000, Ford Super Duty, Emergency Medical Care Vehicle (Ambulance), in the total
amount (not to exceed) $100,217.00, for use in Islamorada, Village of Islands.
ITEM BACKGROUND: On Oct. 22,1999 the Upper Keys Health Care Taxing District, Trauma
Advisory Board approved the purchase of one new ambulance to be used in Islamorada, Village of
Islands.
Three sealed bids for two Type I Ambulances were received and opened on March 31, 1998 at the
Purchasing Office, as detailed on the attached Bid Recap. The vehicle specification and bids were for two
ambulances, including a $500.00 (per vehicle) contingency. Wheeled Coach has authorized Islamorada to
purchase a Type I ambulance from the Monroe County bid awarded to Wheeled Coach in 1998 (see
attached letter).The County Attorney and Purchasing Department have approved the purchase under the
original bid contingent upon the execution of a new agreement with the vendor.
PREVIOUS RELEVANT BOCC ACTION: On May 13, 1998, the BOCC granted approval to
purchase a Type I ambulance from Wheeled Coach through the Upper Keys Health Care Taxing District.
STAFF RECOMMENDATION: The Trauma Advisory Board recommends approval.
TOTAL COST: $100,217.00
COST TO COUNTY: $100,217.~,
REVENUE PRODUCING: Yes
BUDGETED: Yes X
No
No X
N/A
APPROVED BY: County Attorney YES OMB/Purchasing YES Risk Management YES
DEPARTMENT DIRECTOR APPROVAL: ~ffu" f..Jw..l)a7]aP rJ.
nald
James R. "Reggie" Paros
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included: X
To Follow: Not Required:
- -
Agenda Item #: ! ...(,It;
DISPOSITION:
Sent By: HP LaserJet 3100;
Feb 03 00 10:26.
3052896336;
J..es L Roberts Co Rd.i"~
Feb-3-00 11 :02AM;
305-292-4544
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MONROE COUNTY BOARD OF COUNTV,COMMISSIONERS
CONTRACT SUMMARY
Contract 11
Contract with: Wheeled Coach Effective Date:' upon approval
Expiration Date:
Contract PurposeIDescription: agreemen~~ith Wheeled Coach for purchase o(~~
~~llc..gency ~~caJ Vehicle
Contract Manager: Karle McDonald
(Name)
451-2766
(Ext.)
Upper Keys Health Care Taxin2 District
(Department)
for BOCC meeting on 1119/2000
Agenda Deadline: 1/5/2000
,
Total Dolhu V&llu~ of Contract: S100,217.00
Budgeted? y e~18I No 0 Account Codes:
Grant: $
County Match: $_
CONTRACT COSTS
Current Year Ponion: $100,217.00
68502-530340- - _
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" - -
--"-.--..--
. --
ADDITIONAL COSTS'- - --
Estimated Ongoing Costs: $ /yr For: .
(Not included in dollar value abover- (eg. m~, utilities, janitorial, salaries. etc.)
CONTRAC1'REVIEW
Changes Date Out
-. 9~t~_In Needed _L l
Divisiun Director ~t!n YcsD No . ~~
~'f YesDNo a..lJo...;: ~~~"\9
Ub;o Yes[JNq ~~A(K ~~
County Attorney !!/JJ!Jf YcsQ NO~ /1-23
~anago~ent
O~B.lP~g
Comments:
OMB Form ReVised 9/1119S MCP It2
AGREEMENT
THIS AGREEMENT made and entered into this day of
, 2000, AD., by and between the Board of County
Commissioners, of Monroe County, Florida, on behalf of Upper Keys Health Care
Taxing District, hereinafter "COUNTY" and Wheeled Coach, hereinafter"
CONTRACTOR".
WHEREAS: That the parties hereto, for the consideration hereafter set forth,
mutually agree as follows:
1. SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, machinery,
tools, apparatus, and transportation and perform all other work as described in the
Specifications for a Type I Ambulance to the Board of County Commissioners of
Monroe County, Florida, the Notice of Calling for Bids, dated February 20, 1998,
and as described in the CONTRACTORS Original Bid Proposal; all of which are
hereto attached and made part of this agreement by reference.
2. CONTRACT SUM
A The COUNTY agrees to pay for the new ambulance in the manner as set
forth in the contract documents the base price of $99,717.00, and
additional $500.00 for a contingency fee, bringing the total cost of the
vehicle to One-hundred thousand two-hundred seventeen dollars
($100,217.00). The contingency fee of $500.00, or any portion of the
contingency fee not used, shall be deducted from the final invoice to be
paid to the CONTRACTOR within 30 working days after acceptance of
the ambulance at the Upper Keys Health Care Taxing District, Trauma
Office, Monroe County, Florida. Acceptance shall occur after the unit is
received, inspected and found to comply with specifications, free of
damage or defect and properly invoiced.
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 of
performance of the 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 County officer or employee
subject to the prohibition of Section 2 of 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 former County officer or employee.
4. CONTRACT TERM
A. The Contract shall commence on the date on which the Contract is signed
by the last party of the two parties signing the Contract. Delivery to be
within sixty-five calendar days after receipt of chassis.
B. The CONTRACTOR will 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
CONTRACTORS control. The CONTRACTOR shall not be liable for
any incidental damages caused by delays in delivery.
5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
The CONTRACTOR understands all provisions of this Contract and of the
Specifications and agrees to their sufficiency for the work to be done. Under no
circumstances, conditions or situations shall this Contract be more strongly
construed against the COUNTY than against the CONTRACTOR.
6. PARTIAL AND FINAL 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 the Upper Keys Health Care Taxing District, Trauma Office,
98600 Overseas Highway, Key Largo, FL 33037, for approval and
processmg.
B. All payments shall be made directly to the CONTRACTOR at the
CONTRACTOR office, 2737 North Forsyth Road, Winter Park, Florida
32792.
7. MODIFICATIONS AND AMENDMENTS
Any and all modifications of the goods required, and/or cost of goods to be
delivered shall be amended by an Agreement Amendment and such modification
shall not become effective until approved in writing by the COUNTY.
2
8. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder CONTRACTOR is an independent
contractor and not an employee of the COUNTY. No statement contained in this
Agreement shall be construed so as to find the CONTRACTOR or any of his /her
employees, contractors, servants, or agents to be employees of the COUNTY, and
they shall be entitled to none of the rights, privileges, or benefits of employees of
Monroe County.
9. COMPLIANCE WITH LAW
In providing all services pursuant to this Agreement, the CONTRACTOR shall
abide by all 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 breach of this Agreement and shall entitle the COUNTY, to
terminate this contract immediately upon delivery of written notice of termination
to the CONTRACTOR.
10. SUBCONTRACTING/ASSIGNMENT
CONTRACTOR shall not assign, sublet, subcontract, sell or transfer any interest
in this contract without the prior written consent of the COUNTY, thereto.
11. NOTICE - GENERAL
Any notice or notices required or permitted to be given pursuant to this contract
may be personally served on the other party by the party giving such notice, or
may be served by certified mail, return receipt requested, to the following
addresses:
Upper Keys Health Care Taxing District
Trauma Office
98600 Overseas Highway
Key Largo, Florida 33037
Contractor: Wheeled Coach
2737 North Forsyth Road
Winter Park, FL 32792
12. ANTI DISCRIMINATION
3
CONTRACTOR agrees they will not discriminate against any of their employees
or applicants for employment or against persons for any other benefit or service,
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
perform in a position of employment and to abide by all Federal and State laws
regarding non-discrimination.
13. 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 of the same conditions or covenants or
otherwise.
14. 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 terms 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 name in this Agreement is the full name as
designated in its corporate charter, if CONTRACTOR is a corporation;
otherwise CONTRACTOR'S name is the business entity, whether
partnership or sole proprietorship, under which CONTRACTOR normally
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
CONTRACTOR, if the CONTRACTOR is a corporation.
D. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or 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
4
CATEGORY TWO for a period of36 months from date of being placed
on the convicted vendor list.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties hereto with respect
to the subject matter hereto and superseded any and all prior agreements with
respect to such subject matter between CONTRACTOR and the Trauma Office or
the COUNTY.
16. CONSENT TO JURISDICTION
This Agreement, its performance, and all disputes arising hereunder, shall be
governed by the laws of the State of Florida, and both parties agree that a proper
venue for any action shall be Monroe County.
17. 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. 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 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 are more than
compensation payable, the CONTRACTOR will remain liable after
termination and the COUNTY can affirmatively collect damages.
18. INSPECTION AND CORRECTIONS
The COUNTY shall have the right to inspect the ambulance at the factory and at
the time and place of delivery. Time limited on acceptance and discrepancy
correction shall be as stated in section 2.11.2 of attached Specification. In the
event of any claimed defects in the chassis or deviations from specifications, the
CONTRACTOR shall have the necessary time to inspect the ambulance and make
any necessary changes or corrections. In the event of any defect in the chassis,
the CONTRACTOR, as agent for the COUNTY, shall contact the manufacturer
5
of the chassis and advise them of any necessary changes or corrections needed.
The COUNTY may elect to contact the chassis manufacturer directly with regard
to defects or deviations from specifications. Nothing in this paragraph shall affect
any warranties for the ambulance, patent and royalty indemnification, or any other
obligation of the CONTRACTOR under this agreement (including the
Specifications which are a part hereof) extending beyond the date of the
COUNTY'S acceptance of the ambulance.
19. WARRANTY
A. The warranties that are stated in section 2.9 of the specifications are the
only warranties given under this contract and the CONTRACTOR
disclaims all other warranties, both express and implied, including any
implied warranty of merchantability or fitness for a particular purpose.
The COUNTY'S remedies for breach of warranty are limited to those set
forth in section 2.9. The CONTRACTOR shall not be liable for incidental
or consequential damages resulting from a breach of any warranty.
B. The CONTRACTOR does not warrant the chassis and COUNTY must
look to the chassis manufacturer for any warranties other than those
specifically called for in section 2.9 of the specification.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day
and year first above written.
BOARD COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA, ON
BEHALF OF THE UPPER KEYS HEALTH
CARE TAXING DISTRICT
BY:
(SEAL)
MAYOR/CHAIRMAN
CLERK
ATTEST: Danny L. Kolhage, Clerk
WITNESS:
6
11/17/99 WED 14:45 FAX 3056649983
ls1amorada Fire Resc~e
!4J O~l
WHEELED ~OACHINI)USTRIES, INC.
mE WOlUJ)'S l.AJl.OEST AMl3llLANCE MANUFACTURER.
2737 NORnI FORSYlH ROAn WINTER PARK, FLORIDA 32792
PFIO~:800-342~0720 EDCf.393 FAJ(:407-679-1337
FAX TRANSMITTAL
TO: FIRE CillEF WILLIAM A. WAGNER ill
: ISLAMORADA FIRE DEPARTMENT
FAX: 1-305-664-9983
FROM: C.J. (JACK ) PHILLIPS IT
FAX: 407-679-1337
COPIES: 1 (including cover)
DATE: NOVEMBER 2, 1999
..
". ..... ".".
. MESSAGE:
v;,:~~~~~..
'-'.: .
WHEELED COACH INDUSTRIES. INe. AUTIIORIZES THE ISLAMORADA VILLAGE OF
ISLANDS FIRE DEl> ARTMENT .TO PURCHASE AN ADDmONAL F-4S0 TYPE I - .:;~-:; ,'"'j 2:l!: _'
AMBULANCE FROM TIIE MONROE COUNTY BID A WARDEn TO WHHRT .Ff) COACH
EARL~R TIllS !YE~ WHEELED COACH INDUSTRIES,. INC. WILL ABIDE BY ALL
~s.CONDmONS AND SPECIFICATIONS OF THE ORIGINAL BID.
IF.LC..AN BE OF FURTHER ASSISTANCE IN THIS .MATTER PLEASE DO NOT HESITA1E
TO CONT ACT.ME.
-
*COUNTY ATTORNEY*
TEL:305-292-3516
Feb 20,98 16:00 No.Ol0 P.Ol
NOTICE OF CALLING FOR BIDS
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on March 31. \998.
at 10:00 AM. at the Purchasing Office, a committee consisting of the Director of OMB,
the County AdmInistrator. the County Attorney and the requesiing Division Director or
their designees, wlll open sealed bids for the following:
2 EMERGENCY MEDICAL CARE VEHICLES (AMBULANCES)
All bids must be received by the Purchasing Office. 5100 College Road. Public
Service BuildIng. Cross Wing Room #002. Stock Island, Key West, FL 33040 on or before
10:00 AM on March 31, 1998. Any bids received after thIs date and time- will be
automat1caUy rejected.
Bidders shall submit two (2) signed originals ond one (1) copy of each bid In a
sealed envelope marked "Sealed BId for Ambulances." All bids must remaIn valid for
a period of ninety (90) days.
The Board will automatically reject the bId of any person or affiliate who
appears on the convicted vendor list prepared by the Department of General
ServIces. state of Florida, under Sec. 287.133(3)(d). Fla. Stat. (1995).
All bids. including the recommendation of the County Administrator and the
requesting Department Head, will be presented to the Board of County
Commissioners of Monroe County, for final awarding or otherwise. The Board reserves
the right to rejeCt any and all bids, to waive Informalities In any or aU bids. and to
readvertise for bids. The Boord also reserves the right to separately accept or reject
any Item or Items of bid and to award and/or negotiate a contract in the best
interest of the County.
Spedfications and/or further Information may be obtained by contacting Peter
lubert.490 63rd Street. Marathon. fL, 305/289~6004.
DATED at Key West. Florida. this 20th day of February, 1998.
JOHN CARTER, OMB DIrector
Monroe County. Florida
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