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
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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