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Item G2 I BOARD OF QOVERNORS FIRE AND AMBULANCE DISTRICT 1 AGENDA ITEM SUMMARY 'Division: Emergency Services IDepartment: Fire Rescue IStaff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval of Amen~ment to Agreement with Roy Khanna for maintenance of Fire Rescue vehicles (Ambulances),jamending Section 6 in order to eliminate the requirement for Contractor to provide a copy of original parts supplier invoices for all parts under $200.00. . Meeting Date: December 21, 2005 Bulk Item: Yes No X ITEM BACKGROUND: Currently the agreement provides for copies of original parts supplier invoices be attached to each bill. This has proven to" be a cumbersome process especially in the case of items that are stocked for months, i.e. oil, oil filters, ~ir filters, belts, etc. To require the attachment of original invoices for these low cost, frequently used ~omponents unnecessarily slows the payment of vendors and unduly burdens county staff. As an alternative, periodic spot checks would meet the intent of the existing contract thereby protecting the county's interests. The parties desire to amend the Agreement to revise Section 6 in order to eliminate the requirement for Contractor to provide a copy of original parts supplier invoices for all parts under $2pO.00. PREVIOUS RELEVANT BOG ACTION: On September 28, 2005 the board granted approval and authorized execution of a Renewal Agreement effect;ive October 1, 2005 through September 30, 2006 between the Board and Roy Khanna for maintenanc~ of Fire Rescue vehicles (Ambulances) including inspections, preventative maintenance, and unsched~led maintenance and repairs resulting from failure or malfunction . CONTRACT/AGREEMENT CHANGES: Revis~ Section 6 in order to eliminate the requirement for Contractor to provide a copy of original parts sUBP1ier invoices for all parts under $200.00. STAFF RECOMMENDATIONS: Approval. TOTAL COST: COST TO COUNTY: REVENUE PRODUCING: Yes .00 IBUDGETED: Yes No No-X SOURCE OF FUNDS: Ad Valorem Taxes AMOUNTPERMONTH_ Year APPROVED BY: County Atty Yes anagement -X DIVISION DIRECTOR APPROVAL: DOCUMENTATION: DISPOSITION: Included X I Not Required AGENDA ITEM # Revised 2/05 MONROE COUNTY BOARD OF GOVERNORS CONTRACT SUMMARY Contract with: Roy Khanna Contract # Effective Date: Expiration Date: 01/0112006 09/30/2006 Contract Purpose/Description: Approval of Amendment to Agreement with Roy Khanna for maintenance of Fire Rescue vehicles (Ambulances), amending Section 6 in order to eliminate the requirement for Contractor to provide a copy of original parts supplier invoices for all parts under $200.00. Contract Manager: Camille Dubroff (Name) 6010 (Ext. ) Fire Rescue / Stop 14 (Department/Stop #) for BOCC meeting on 12/21/2005 Agenda Deadline: 12/06/2006 CONTRACT COSTS Total Dollar Value of Contract: $ 0.00 Current Year Portion: $ Budgeted? YesD No 0 Grant: $ County Match: $ Account Codes: Estimated Ongoing Costs: $ (Not included in dollar value above) ADDITIONAL COSTS /yr For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes Needed YesD N00 Date Out County Attorney Division Director Risk.Management J O.&~./Purchasin~ 11-2"1 -6e; ) Comments: Nt-td t1) Ol ~~ f#f1 u1 ~iJ . + OMB Form Revised 2/27/01 MCP #2 AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY FLORIDA AND ROY KHANNA This Amendment Number 1 is made and entered into this day of ,2005, by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter referred to as "District" and Roy Khanna, hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, the parties hereto did enter into an agreement dated March 19, 2003 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, the parties desire to amend the Agreement to revise Section 6 in order to eliminate the requirement for Contractor to provide a copy of original parts supplier invoices for all parts under $200.00 and attach to each bill. NOW THEREFORE, the parties agree as follows: 1. The foregoing provision is included as if fully set forth herein. 2. Section 6 shall now read as follows: 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 $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. 3. In all other respects, the Agreement between the parties dated March 19, 2003, remains in full force and effect. IN WITNESS THEREOF, the parties have executed this Agreement the day and year first written above. (SEAL) BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FL Mayor/Chairman Attest: Danny L. Ko1hage, Clerk Roy Khanna Clerk WITNESS: Authorized Representative MAINTENANCE OF FIRE/RESCUE VEHICLES AGREEMENT is made and entered into by the Board of Governors of Fire and Ambulance District I of Monroe County, Florida, hereinafter referred to as "DISTRICT", and Roy Khanna, hereinafter referred to as "CONTRACTOR". RECIT ALS A. The DISTRICT advertised a notice of calling for bids for MAINTENANCE OF FIRE/RESCUE VEHICLES, which were opened on the 7th day of January 2003; B. The successful bidder was Roy Khanna; C. The initial contract provides for a renewal of the contract for three additional one-year terms. D. This contract is an agreement between parties. NOW, therefore, the parties agree as follows: 1. CONTRACT PERlOD AND RENEWAL - The first contract term is a period from the date on which it is signed by the last of the two parties and will expire on September 30, 2003. This contract may be renewed, at the option of the DISTRlCT, upon giving at least 30 days notice to CONTRACTOR. The option for renewal shall be for three additional one-year terms conditioned upon annual appropriation of funds. 2. CONTRACT TERMINATION. This contract may be terminated for any reason by either party on 30-day written notice without cause. 3. SUBJECT MATTER OF CONTRACT - This contract is for performing scheduled general and preventative maintenance of all Monroe County Fire Rescue ambulances, and for unscheduled maintenance and repairs resulting from equipment failure or malfunction. 4. RATES -The hourly rate shall be $65.00 per man-hour with no travel time or mileage charge. Jobs requiring more than one technician will be charged at the rate of $35.00 per man-hour for the second man. The charge for conducting an ambulance inspection with each preventative maintenance performed will be $239.00. 5. WORK SCHEDULE - Regularly scheduled inspections and preventative maintenance shall be conducted at such intervals as are approved by the DISTRICT and by the Ford Scheduled Maintenance Guide using "Special Operating Conditions" as the guide for the Ford Maintenance. The modular portion of the vehicle shall be maintained in accordance with the manufacturers recommendations. 6. PARTS, FLUIDS AND Ll.TBRlCAi\lTS - All parts, fluids, and lubricants used for maintaining and repairing vehicles shall be supplied by CONTRACTOR and billed to the DISTRlCT at cost plus 25%, with a copy of original parts supplier invoices for all parts attached to the bill. P3.ge I of3 7. ENGINE OIL AND FILTER CHANGE - CONTRACTOR shall complete drivetrain lubrication and any other fluids and/or filter changes shan be performed as recommended by Ford. 8. WEEKLY MAINTENANCE SCHEDULE - CONTRACTOR shall provide to the DISTRICT a preventative maintenance schedule that can be performed weekly by Monroe County Fire Rescue personnel. 9. MAINTENANCE LOG - CONTRACTOR shall maintain an inspection and maintenance chart on each vehicle containing at least the following information: (a) date of performance, (b) apparatus serviced, (c) service performed, (d) parts used, (e) name of service person(s), (f) total downtime of vehicle A copy of this chart shall be supplied to the Fire Rescue Office within 30 days of the servIce. A computerized ambulance inspection form shall be developed by the Contractor and _ approved by the Monroe County Fire Rescue Support Services Manager. This form will be completed by the Contractor and forwarded to the office of the Support Services Manager so that it can part of the service record of the vehicle. 10. COMMUNICATION - CONTRACTOR shall maintain a telephone or paging device such that prompt notification of request for service is possible at all times. 11. RESPONSE TO SERVICE REQUEST - CONTRACTOR shall have 120 hours to respond if one ambulance goeS' off line. If a second ambulance goes off line, the Contractor must respond within 48 hours of notification to repair both vehicles. If a third ambulance goes off line, the Contractor must respond inunediately to get a minimum of two ambulances back on line. 12. CERTIFICATION - CONTRACTOR shall provide evidence satisfactory to the DISTRICT that its personnel who perform maintenance work are certified in general mechanics and repair. 13. QUALIFICATIONS OF MAINTENANCE PERSONNEL - All personnel performing maintenance, repairs, adjustments, and related work on the DISTRICT'S equipment shall be certified or experienced in the work to be performed. 14. INDEMNIFICATION - CONTRACTOR shall indemnify and hold the DISTRICT and Monroe County harmless for any negligence on its part, or faulty or improper workmanship, for all work performed under this contract, including all costs of collection, reasonable attorney fees, claim costs, and as per "Attachment A". All property or equipment being directly maintained or repaired by CONTRACTOR shall be considered in its care, custody, and control while such work is in progress and until physical control of such property or equipment is restored to the DISTRICT. Page 2 of3 15 . LOCATION OF WORK - This contract covers ambulances located at the following stations: a. Big Coppitt b. Cudjoe c. Big Pine d. Conch Key e. Tavernier 16. INSURANCE - As per Attachments "B" and "C". 17 . PAYMENTS - Payments 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 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 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 DISTRICT an estimate ofthe cost for repair and vehicle downtime. The CONTRACTOR upon receiving authorization to proceed from the DISTRICT shall effectuate~uch repair; upon completion of same the contractor shall notify the DISTR!~T of the outcome and actual cost. The DISTRICT shall issue a separate purchase order for each occurrence of unscheduled maintenance and repair. 18. This contract takes effect on the date of the last party to sign. 19, Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the RO.C.C. 20. Venue for any litigation arising under this contract must be in a court of competent jurisdiction in Monroe County, Florida. IN WITNESS WHEREOF, each party hereto has caused this contract to be executed by its duly i . ..! Attest:! KOLHAGE, CLERK BOARD OF GOVERNORS, FIRE AND AMBULANCE DISTRICT 1 By:~~.Q. ~)&~ By: Deputy Clerk AW'OVl"D A - T ~Chairman , K _ ::s 0 FORM AN~t SUFf'C','fc' , -~ . {~i t.~NE A~HUTTON Dj.\ F d- / ~~2..._ R Y KHANNA 1/ WITNESS: . , ,cr'_,,"m"" -'-"'^"", I ed Represelrta+ive 1996 Edition MONROE COU~TY, FLORIDA RISK MANA.GEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MAN.UAL Indemnification and Hold Harmless fdr Other Contractors and Subcontractors The Contractor covenants and agrees to indeIllflitr and hold harmless Monroe County Board of County Commissioners from any and all claims fqr bodily injury (including death), personal injury, and property damage (including property owned py 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 wr~mgful act or omission of The Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to incl)lde the work of others) is delayed or suspended as a result of the Contractor's failure to purchase lor maintain the required insurance, the Contractor shall indemnif)r the County from any cl,nd 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, redticed, or lessened by the insurance requirements contained elsewhere within this agreement. . TCS Administration Instruction #4709,5 ATTACHMENT A 96 1996 Edition RISK l\'lANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requiremen'ts for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging 0 f personnel and material), the Contrqctor shall 0 btain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (inc1udingpre- staging ofpersoIlilel 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 eviden~e. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached sched.ules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend d~adlines 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 shall provide, to the County, as satisfactory evidence of the required insurance, either: .. Certificate of Insurance or .. A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specifY that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. Administration Instruction #4709.5 14 ATTACHMENT B (Page 1 of 2) 1996 Edition The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.5 15 ATTACHMENT B (Page 2 of 2) 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN lVlONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations .. Products and Completed Operations · Blanket Contractual Liability .. Personal Injury Liability .. Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Momoe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. GLl Administration Instruction #4709.5 48 ATTACHMENT C (Page 1 of 3) 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN J.\tlONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use ofvehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: .. 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 Connty Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl Administration Instruction #4709.5 80 ATTACHMENT C (Page 2 of 3) 1996 Edition GARAGE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the servicing and/or repair of County-owned vehicles, the Contractor will be required to purchase and maintain a Garage Policy "to include Garage Liability Insurance extending to vehicles, owned or leased by the County, left with the Contractor for servicing, repair, storage, or safekeeping. Coverage should include, as a ITllillIDum: .. Premises and Operations Liability .. Vehicle Liability .. Contractual Liability <Ii Products and Completed Operations Liability <Ii Garage Keepers' Legal Liability, to include: Comprehensive and Collision The Garage Keepers' Legal Liability shall extend to all County-owned/leased vehicles in the care, custody, and control of the Contractor. The Contractor's insurance shall be primary to any coverage maintained by the County. The minimum limits acceptable shall be: $300,000 Combined Single limit (CSL) for liability $ 25,000 Garage Keepers' Legal Liability The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GKl Administration Instruction #4709.5 46 ATTACHMENT C (Page 3 of 3) PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or 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 of36 months from the date of being placed on the convicted vendor list." - NON-COLLUSION AFFIDAVIT I, Roy IChA~/VtCr , of the city of ke y i/~vL 6--0 P L- according to law on my oath, and under penalty of perjury, depose and say that; I) I am~c::r'f\vc/V~ the project described as ollows: HL IV - , the bidder making the Proposal for Mf\(~-.I~N~/''-{. :e U e h (e eJ 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 rela6ng to such prices with any other bidder or with any competitor; - {: Pee / Ft (cJi-Tj 0 1V..f r;tL Y'l 'ON ~De (Jouo-'Tj 'F'-ul1e t2e~ eLl e 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. STATE OF fi6tl?;;f COUNTY OF f}1~ 11 ilK /) -Ie' c-Z Date PERSONALLY APPEARED BEFORE ME, the undersif:,rned authority, fh'rNIJ who, after first being sworn by me, (name of individual affixed his/her signature in the space provided above on this I~ d day of J)~etJ11l3tL.. '~Pf7 , 2 CX?.;1.. My commission expires: I' _ 0 ~ /J'" OMB - MCP FORM #1 .t~"'" Elizabeth EI Koury *~*MY Commission CC787397 't",.i' expires December 11, 2002 Page7 Ono SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 . MONROE COUNTY, FLORIDA ETHICS CLAUSE \<-01 lChA-MNI>- ~ warrants that helit 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.1 0-1990. 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, '\ /1 !1i,-~,-._____ l/ (signature) Datc: /;2 - / () .- ()2-- , COUNTY OF n~ ItJ])1t , frl b iJ r2e-t: STATE OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, f1()1 KfJRIVN A who, after first being sworn by me, aftixcd hislhcr signature (name of individual signing) in the space provided above on this I ~ cf-, day of J)~4ZR- , 20~ 4!::ti{~ My commission expires: Id . I;' 0 ~ OMB - MCr FORM #4 ...,~.({o Elizabeth EI Koury *~*MY Commission Ce787397 ~"f\i'~ Expires December 11, 2002 Page 8 of 10 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Ro! Kl,-- (tf/"/V A- (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacturc, 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, th.e 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 (I), 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 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 occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this finn complies fully with the above requirements, /, ;;/; L~a~v~ ~ / l BiddeF"s Signature /;)-;)7-0::2- Date OMB - Mep FORM #5 Page 9 of 10