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10/16/2002 Cleft( of 1IIe Circul Coun Danny L. Kolhage Phone: 305-292-3550 Fax: 305-295-3663 Memnrandum To: Clark Martin, Fire Chief Attn Susan Hover From: Isabel C. DeSantis,. \J Deputy Clerk ;Y Date: Tuesday, November 12, 2002 At the meeting on October 16, 2002, the Board granted approval to dispense with bidding provision of Ordinance No. 032-1998, and authorized execution of an Agreement for Refurbishing Key Largo Fire Department's 1988 E-One Ladder Truck (Ladder-70) between Monroe County and E-One, Inc., in the amount of $113,131.00 (which includes a contingency amount of$5,000.00), for retro-fitting ofladder and associated equipment and repairing the air conditioning system. Attached hereto is a duplicate original for your handling. Should you have any questions concerning this matter please feel free to contact this office. Copies: Finance County Attorney File ./ AGREEMENT FOR REFURBISHING Key Largo Fire Department's 1988 Emergency One Ladder Truck (Ladder-70) if THIS AGREEMENT made and entered into this /(, day of tic T , 2002, by and between the Board of County Commissioners of Monroe County, Florida, hereinafter "COUNTY" and Emergency One Incorporated, hereinafter "CONTRACTOR." WHEREAS, the COUNTY has determined that it is in the best interest ofthe public to enter into an agreement with Contractor to refurbish a ladder truck of its manufacture; Now therefore, 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 work as described in the Specifications attached as Exhibit A, for the refurbishment of one 1988 Emergency One Ladder Truck, County Identification number 1438-231, VIN #1F9DBAA8XK1037630. 2. CONTRACT SUM The COUNTY agrees to pay for the refurbished apparatus in the manner as set forth in the contract documents the sum of ONE HUNDRED THIRTEEN THOUSAND, ONE HUNDRED THIRTY ONE AND NO CENTS ($113,131.00), which includes all ofthe work described in the attached specifications. There is also a contingency amount of $5,000.00 included in the above sum and 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 ofthe fire apparatus at the Monroe County Fire Rescue Office, Marathon, 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 ofthis provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contractor purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former Page 1 of 5 County officer of 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 one hundred twenty (120) calendar days after receipt of order. 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. The CONTRACTOR shall not be liable for any incidental damages caused by delays in delivery. 5. 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 Monroe County Fire Rescue Office, 490 63rd Street, Ocean, Marathon, Florida 33050, for approval and processing. If the contract period exceeds one fiscal year, payment is contingent upon annual appropriation by the County. b. All payments shall be made directly to the CONTRACTOR at the CONTRACTOR office, 1601 SW 37th Ave., P.O. Box 2710, Ocala, FL 34478. 6. 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, which must be approved by the Board of County Commissioners of Monroe County, Florida, and such modification shall not become effective until approved in writing by the COUNTY. 7. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County, Florida. 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 Board of County Commissioners of Monroe County, Florida, and they shall be entitled to none of the rights, privileges, or benefits of employees of Monroe County. 8. SUBCONTRACTING/ ASSIGNMENT CONTRACTOR shall not assign, sublet, subcontract, sell or transfer any interest in this contract without the prior written consent ofthe COUNTY thereto. 9. NOTICE - GENERAL Any notice or notices required or permitted to be given pursuant to this contract maybe personally served on the other party by the party giving such notice, or may be served by certified mail, return Page 2 of 5 PURCHASER: Monroe County Board of County Commissioners Fire Rescue Department 490 63rd Street, Ocean Marathon, Florida 33050 CONTRACTOR: Emergency One Incorporated 1601 SW 37th Ave. P.O. Box 2710 Ocala, FL 34478 10. ANTI DISCRIMINATION CONTRACTOR agrees they will not discriminate against any oftheir 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. 11. CONTRACTOR - GENERAL The CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities encompassed the program herein described, subject to the terms and conditions set forth in the Attachments, which are attached hereto and incorporated herein as part ofthis Agreement. Each of the signatories for the CONTRACTOR below certifies and warrants that: 1. 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 of sole proprietorship, under which CONTRACTOR normally conducts business. 2. They are empowered to act and contract for the CONTRACTOR, and 3. This Agreement has been approved by the Board of Directors of CONTRACTOR, if the CONTRACTOR is a corporation. 4. 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. Page 3 of 5 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and superseded any and all prior agreements with respect to such subject matter between CONTRACTOR and the FIRE RESCUE Office or the COUNTY. 13. 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 in Monroe County. 14. 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 ofthe 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. 15. INSPECTION AND CORRECTIONS The COUNTY shall have the right to inspect the fire apparatus at the factory and at the time and place of delivery. Time limited on acceptance and discrepancy correction shall be as stated in attached Specification. In the event of any deviations from specifications, the CONTRACTOR shall have the necessary time to inspect the apparatus and make any necessary changes or corrections. Nothing in this paragraph shall affect any warranties for the apparatus, 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 fire apparatus. Page 4 of 5 16. WARRANTY The Contractor warranties that the refurbishment and work performed under this agreement shall render the equipment fit for the purposes of firefighting. The CONTRACTOR shall not be liable for incidental damages resulting from a breach of any warranty. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Co (0\ BY C \.-..0.. ( \ e..S ~ \::::), C.- . CORPORATION: AUTHORIZE WITNESS: :?:: C:) a ~ ~: ~p~; rr,:::T.: -". ('J.'" .... an: c:: :::: '-, ~-. ..-~".. ........, . .'-'~ ~. ~':~:: :<~='I.: -.," .l:~ r- 0 l> P1 '_:~ l;, TE N " :J!: W N N Page 5 of 5 "':) r:::> t.:.::.::) ~-.:J ::-e C:J .." r- ,." o ..." o ;:0 _1:: ;:0 rT't n <::) ::u o EXHIBIT A TO AGREEMENT FOR REFURBISHING Key largo Fire Department's 1988 E-One ladder Truck (ladder-70) for the Board of County Commissioners of Monroe County, Florida SPECIFICATIONS AERIAL OVERHAUL AND UPGRADE: The aerial device shall be removed from the chassis. It shall be removed from the turntable up as one assembly. The aerial device shall be completely dissembled for inspection and evaluation including the platform. (If so equipped.) Upon disassembly all aerial sections shall be thoroughly inspected evaluated and minor repairs made as required. Should major repairs or replacement of an aerial section be required the fire department shall be notified of any additional cost prior to additional repair or replacement of the aerial section. After completion of the inspection, evaluation and repair of the aerial sections, they shall be acid washed, detailed, re-swirled and readied for re-assembly. This shall include the platform if so equipped. All aerial hydraulic cylinders shall be removed and replaced with new cylinders, the cylinders shall be painted before installation. The turntable shall also be repainted with non-skid coating prior to re-assembly. The control console located on the turntable (if so equipped) shall be removed and replaced with a new console including current production style control valves. For aerials with electronic controls, there shall be manual overrides located at the ladder base. The new console shall include a work light. All hydraulic lines and hoses located in the base section and turntable shall be removed and replaced with new. The hydraulic pump and control system shall be inspected and repaired as required. Should replacement of one of the components be required the fire department shall be notified of any additional cost prior to replacement. All existing cables, pulleys, pins, slide pads and wiring including intercom system shall be thoroughly inspected, evaluated and replaced as required to ensure trouble free operation. Exhibit A Page 1 of 3 If so equipped the waterway shall be removed, inspected and resealed. Should replacement of a waterway section be required the fire department shall be notified of the additional cost prior to replacement. If so equipped, the monitor shall be checked for proper operation and repaired as required. Should replacement of an electrical or hydraulic motor be required the fire department shall be notified of any additional cost prior to replacement. The monitor shall be cleaned and painted job color. The existing hydraulic swivel shall be removed, inspected and rebuilt. Should the swivel require replacement the fire department will be notified of the additional cost prior to replacement of the swivel. Upon rebuilding of the swivel it shall be reinstalled onto the chassis. The rotation bearing and gears shall be inspected lubricated and adjusted as required. Should replacement of either item become necessary the fire department shall be notified of the additional cost prior to replacement. The rotation motor shall be removed inspected and tested. Should the rotation motor require replacement the fire department shall be notified of the additional cost prior to replacement. Upon completion of testing, the rotation motor shall be repainted and reinstalled. The base section aerial mounting weldments and turntable shall be inspected, cleaned and repainted prior to reinstalling the aerial device. The hydraulic reservoir shall be drained and thoroughly cleaned. All hydraulic fluids and filters shall be replaced with new. The aerial device shall be reassembled and reinstalled onto the chassis. New heat sensor strips shall be applied as required by NFPA. Upon reinstallation of the aerial device onto the chassis and proper adjustments made it shall be third party tested and certified to the standard that was in affect at the time the unit was originally manufactured. JACK SYSTEM OVERHAUL AND UPGRADE: The existing jacklegs shall be disassembled and removed from the chassis for inspection and evaluation. All hydraulic jackleg cylinders shall be removed and replaced with current production style cylinders. All jack leg pins, bushings and bearings shall be removed and inspected and replaced as required. If the existing pins do not have grease fittings they shall be replaced with current style pins with grease fittings. The new hydraulic cylinders shall be painted and readied for installation, The existing jack leg weldments shall be modified as required for the installation of a new electric over hydraulic jack deployment control system. New nylatron and bronze pads shall be installed in each jackleg assembly. Exhibit A Page 2 of 3 The existing manual hydraulic control valves located at the rear of the apparatus shall be removed and discarded A new electric over hydraulic jack deployment system shall be retrofitted in place of the existing controls. The new system shall allow for the individual operation of each jackleg for deployment. The control of each jackleg shall be done by an electric switch mounted at the rear of the vehicle and shall allow the operator to have a clear view of the jackleg being deployed. The existing chassis shall be steam cleaned prior to start of overhaul. The hydraulic system shall be removed and a new system that shall include all required electrical harnesses, valves, hydraulic lines except for stainless steel which shall be inspected and replaced as needed to upgrade the chassis system to the new electric over hydraulic controls, The hydraulic reservoir shall be drained and thoroughly flushed and new hydraulic fluid and filters shall be installed. Upon completion of installing all required components for the new jack deployment system the jacklegs shall be reassembled and reinstalled on to the chassis, Upon reassemble and upgrade of the jack deployment system the unit shall be third party tested and certified. Should the department choose to upgrade the jack system only, any defects found with the upper aerial devise while third party testing will require the fire department to be notified. AIR CONDITIONING UPGRADE: The existing cab air conditioning system shall be removed and a new R 134A refrigerant system shall be installed. An in-cab evaporator system with condenser shall be provided. The under dash evaporator shall be incorporated into the heater defrost system. It shall be a three level air control system with fresh air capabilities. The existing ductwork and diffusers shall be reused. A three-speed blower switch shall control air speed. Airflow is to be approximately 490 cfm on high speed. The rear evaporators shall be mounted to the headliner and have a three-speed blower switch. The rear airflow shall be approximately 325 cfm on high speed. The condensers have a built-in receiver/drier The evaporators shall have block type expansion valves and be thermostatically protected to prevent freeze up. At fast idle (1200 rpm engine speed) the system shall be capable of approximately a 42000 Btu/hr output. The compressor(s) shall be a six-cylinder swash-plate type, or a dual compressor arrangement depending on engine configuration. Compressor speed, dependent on engine drive pulley options, shall be approximately 1.5:1. Exhibit A Page 3 of 3