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Item F2 BOARD OF GOVERNORS FIRE AND AlVIBULANCE DISTRICT 1 AGENDA ITEM SUMMARY Meeting Date: September 20, 2006 Division: Emergency Services Bulk Item: Yes No X Department: Fire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval of Renewal Agreement effective from October 1, 2006 through September 30, 2007, between Board of Governors of Fire and Ambulance District 1 of Monroe County Florida and Fire Tech Repair Service, Inc. for maintenance of Fire Rescue vehicles, including semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure. ITEM BACKGROUND: On December 21, 2005 the Board awarded bid and entered in to an Agreement between the Board of Governors Fire and Ambulance District 1 of Monroe County and Fire Tech Repair Service, Inc. The original agreement provides for annual renewals up to three (3) one-year periods, with approval of the District's governing Board. We are requesting approval to exercise that renewal clause for the first one-year period, commencing on October 1, 2006 and ending on September 30, 2007. PREVIOUS RELEVANT BOG ACTION: On December 21, 2005 the board approved an agreement with Fire Tech Repair Service, Inc. for maintenance of Fire Rescue vehicles, including semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure commencing on October 1, 2005 and ending on September 30, 2006. CONTRACT/AGREEMENT CHANGES: Contract will be extended and the new expiration date will be September 30, 2007. STAFF RECOMMENDATIONS: All conditions of the contract have been met and services provided have been satisfactory. Chief Martin recommends renewing as the contract allows. TOTAL COST: $18,230.00 * BUDGETED: Yes No *Cost to cover periodic inspections, preventative maintenance and pump testing. In addition, the contract also includes fixed pricing for unscheduled repairs at $73.00/hour and parts at 25% over cost. No SOURCE OF FUNDS: AMOUNT PER MONTH N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes Year APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES DOCUMENTATION: DISPOSITION: Revised 8/06 Included ~ Not Required AGENDA ITEM # MEMORANDUM ATTACHMENT TO AGENDA ITEM SUMMARY Meeting Date: September 20, 2006 Division: Emergency Services Bulk Item: Yes No~ Department: Fire Rescue Staff Contact Person: Camille Dubroff AGENDA ITEM WORDING: Approval of first Renewal Agreement effective from October 1, 2006 through September 30,2007, between Board of Governors of Fire and Ambulance District 1 of Monroe County Florida and Fire Tech Repair Service, Inc. for maintenance of Fire Rescue vehicles, including semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure. ITEM BACKGROUND: Monroe County Fire Rescue must maintain all Fire Rescue vehicles to include preventative maintenance, unscheduled maintenance and annual pump testing. Through the years, these services have been contracted as the total amount spent on these repairs generally exceeds $25,000.00 annually. The original contract provides for one (1) year of service with the option to renew for three (3) additional years, subject to approval by the Fire Chief, the Office of Management and Budget and the Monroe County Board of Governors Fire and Ambulance District 1. PREVIOUS RELEVANT BOG ACTION: On December 18, 1996 the Board approved a contract with Fire Tech Repair Service, Inc. for maintenance of fire apparatus, including preventative maintenance, unscheduled maintenance and annual pump testing. The original contract provided fro annual renewal for up to three (3) one year periods, with approval of the District's governing board. On December 10, 1997 the Board approved the first one-year renewal period with Fire Tech Repair Service, Inc. through December 31, 1998. On November 12, 1998 the Board approved the second one-year renewal period with Fire Tech Repair Service, Inc. through December 31, 1999. On January 19, 2000, the Board approved the final renewal of the previous Fire Tech Repair Service, Inc. contract's final three year option beginning December 18,1999 and ending on December 31, 2000. On December 21, 2000, sealed bids were opened for maintenance of Fire/Rescue vehicles, semi- annual inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure by the Purchasing Department. Fire Tech Repair Service, Inc. was the only bidder. We are now requesting that the Board accept the Fire Tech Repair Service, Inc. bid for a one-year period, commencing on March 1, 2001 and ending February 28, 2002. The contract provides for an annual renewal for up to three (3) one-year periods, with the approval of the District's governing Board. On February 21, 2001, the Board approved an agreement with Fire Tech Repair Service, Inc. for maintenance of fire apparatus, including preventative maintenance, unscheduled maintenance and annual pump testing. On May 15, 2002, the Board approved the first Renewal Agreement with Fire Tech Repair Service, Inc. commencing on February 21, 2002 and ending on February 28, 2003. On May 15,2002, the Board approved a Rescind Renewal Agreement effective from March 1,2002 through February 28, 2003, and approved an Amended Renewal Agreement effective from February 21,2002 through February 28, 2003. This amendment was to Attachment 1, Vehicle List District 6, and has been amended deleting two 1978 American LaFrance Pumpers, and adding two 2001 Pierce 1 Pumpers. The adjusted total cost remains the same as previous year. The Amended Renewal Agreement is effective from February 21, 2002 through February 28, 2003. On March 19, 2003, the Board approved the second Renewal Agreement with Fire Tech Repair Service, Inc. commencing on March 1,2003 and ending on February 28,2004. On February 18, 2004, the Board approved the third and final Renewal Agreement with Fire Tech Repair Service, Inc. commencing on February 29, 2004 and ending on February 28, 2005. On March 16,2005, the Board approved to advertise for sealed bids for the maintenance of Monroe County Fire Rescue's fire apparatus, including preventative maintenance, unscheduled maintenance and annual pump testing. On June 15, 2005 the Board approved to extend the Fire Tech Repair Service, Inc. agreement, which expired on February 28,2005, on a month-to-month basis pending execution of a new agreement. On September 21, 2005 the Board approved the rejection of all bids received on June 30, 2005 and the approval to re-advertise for sealed bids with a thirty (30) day turn around time from advertisement. Both bids received came in at double the price of what was paid the previous year. On December 21, 2005 the Board awarded bid and entered in to an Agreement between the Board of Governors Fire and Ambulance District 1 of Monroe County and Fire Tech Repair Service, Inc. The original agreement provides for annual renewals up to three (3) one-year periods, with approval of the District's governing Board. CONTRACT/AGREEMENT CHANGES: Contract will be renewed and the new expiration date will be September 30, 2007. STAFF RECOMMENDATIONS: All conditions of the contract have been met and services provided have been satisfactory. Chief Martin recommends renewing as the contract allows. 2 MONROE COUNTY BOARD OF GOVERNORS CONTRACT SUMMARY Contract with: Fire Tech Repair Service Inc. Contract # Effective Date: Expiration Date: 10/01/2006 09/30/2007 Contract Purpose/Description: Renewal of agreement dated 1/1/2006 for maintenance of Fire Rescue Vehicles maintenance ofFire/Rescue vehicles, semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure. Contract Managcr: Camille Dubroff (N ame) 6010 (Ext.) Emergency Services I Stop 14 (Department/Stop #) for BOCC meeting on 09/20/2006 Agenda Deadline: 09/06/2005 CONTRACT COSTS Budgeted? Yes[;8J Grant: $ County Match: S NoD $18,230.00*Plus Current Year repairs at $73/hr and Portion: S palts at 25% over cost. Account Codes: 11500-530462-_ _ _ Total Dollar Value of Contract: $ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW VIPU! ..-. .- -' -- '.:;..;.r ~ --.--- ~y\ jl( .l YesD No~ --r=:c.."-I-=>........&7- Y' N Ci:, YesONo~ ~0"'~)~''''':~ Changes Needed YesD No[ YesD N<iZf Date Out Dtte In I)ivision Director ~l'-4 0(, Risk Managefllent ~ ~..(jJ \t.! ~~Go\\)' O.Nl.B./Purchasing <61 ) LjlD0 County Attorney :~{, Comments: -.If~ ~4 OMB Form Revised 2/27/01 Mep #2 RENEWAL AGREEMENT This AGREEMENT dated the day of ,2006, by and between the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter called the "District" and Fire Tech Repair Service, Inc., whose mailing address is PO Box 1570, Key Largo, FL 33037, hereinafter called the "Contractor". WITNESSETH WHEREAS, the patiies hereto did enter into an agreement dated January 1, 2006 for maintenance of Fire/Rescue vehicles, semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure; 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 first one (1) year renewal option for the continuation of maintenance of Fire/Rescue vehicles, semi-annual inspections, preventative maintenance and unscheduled maintenance resulting from malfunction or failure; 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 an additional year pursuant to paragraph 1 of the agreement entered January I, 2006. 2. The effective date of this amendment is October 1, 2006 and shall extend through September 30,2007, under the same terms and conditions of the contract dated January 1,2006. 3. All other terms and conditions of the contract dated January 1,2006 shall remain in full force and effect. Attest: DANNY 1. KOLHAGE, CLERK BOARD OF GOVERNORS, FIRE AND AMBULANCE DISTRICT 1 By: Deputy Clerk By: Mayor/Chairman Fire Tech Repair Service, Inc. WITNESS: Authorized Representative MONROE COUNTY ATTORNEY APPROVED AS TO FORM: I.!J'~_ ~/1~~A SUSAN M. GR SLEY J ASSISTANT COUNTY ATTORNEY Dat. ~A".A-?--r'- .p: D2acG . ,. CONTRACT BETWEEN THE BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 OF MONROE COUNTY, FLORIDA AND FIRE TECH REPAIR SERVICE INC. FOR MAINTENANCE OF FIRE/RESCUE VEIDCLES THIS CONTRACT, hereinafter "CONTRACT OR AGREEMENT" made and entered into this I S+- day of "jaf'l. ,2006 by and between Board of Governors Fire and Ambulance District 1 of Monroe County, Florida, hereinafter referred to as "DISTRICT", and Fire Tech Repair Service Inc. , hereinafter referred to as "CONTRACTOR". WITNESSETH: WHEREAS, the DISTRICT advertised a notice of calling for bid for MAINTENANCE OF FIRE/RESCUE VEHICLES on the 14th day of October and the 21st day of October 2005 in The Reporter, on the 16th day of October and the 23rd day of October 2005 in the Key West Citizen and on the 15th day of October and the 22nd of November 2000 in The Keynoter; WHEREAS, the successful bidder was Fire Tech Repair Service Inc., and; WHEREAS, this CONTRACTOR represents that it is capable and prepared to provide such services, and; WHEREAS, the DISTRICT intends to enter into an agreement for maintenance of Fire/Rescue vehicles, semi-annual inspections, preventative maintenance, and unscheduled maintenance resulting from malfunction or failure with the CONTRACTOR and; WHEREAS, this contract is an agreement between both parties, NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1. CONTRACT PERIOD AND RENEWAL - The effective date of this Agreement shall be January L 2006 through September 30,2006. This contract may be renewed annually for one (1) year tenus, 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. 1 2. CONTRACT TERMINATION - This contract may be terminated for any reason by either party on 30-day written notice without cause. If the CONTRACTOR fails to fulflll 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. The notice shall specify cause. All finished or unfinished supplies or services shall, at the option of the County, become property of the County. Tht: County shall pay the CONTRACTOR fair and equitable compensation for expenses incurred prior to termination of the agreement, less any amount or damages caused by the CONfRACfOR's breach. If the damages are more than compensation payable, the CONTRACTOR will remain liable after termination and the County shall pursue collection for damages. 3. SUBJECT MATIER OF CONTRACT - This contract is for scheduled semi annual inspections and preventative maintenance of fire rescue vehicles, annual pump tests and for unscheduled maintenance and repair resulting from equipment failure or malfunction. 4. RATES -The hourly rate shall be $73.00 per man-hour with no travel time or mileage charge. Semi Annual inspections and annual pump tests are at quoted flat rates and excluded from hourly rate. 5. OVERTIME AND HOLIDAYS - Rates per man-hour for emergency repairs called outside normal business hours and federal holidays shall be one and one half times the normal rate. 6. SEMI-ANNUAL INSPECTIONS - During the year CONTRACTOR shall perform two inspections on vehicles described in "Attachment A" (Level I and Level II Preventative Maintenance Service) at an annual total cost of: Rescue-type vehicles, without pump $ Pumpers $ Aerials $ 360.00 490.00 640.00 Exception shall be if a vehicle has been used 1,000 hours prior to yearly preventative maintenance service, Level I and II Preventative Maintenance Service shall be performed and charged the above rate. Level I: 250 Hours or 6 months (whichever comes first) Full vehicle inspection as per attached semi-annual inspection schedule plus: Engine oil and filter change Fuel filter change (every 6 months) Air filter inspection and replacement if necessary Chassis lubrication 2 Outboard (forward) impeller shaft lubrication Lubrication of all valve control linkages Clean or replace air compressor strainer Clean engine crankcase breather Inspection of generator and service of lubricant system, full system, and air filter according to its individual hours of operation (not to exceed 6 months) Level II: 1000 Hours or one year (which ever comes fIrst) Full service performed in Level I plus: Replacement of coolant hoses, fIlter and coolant as needed Replacement of all drive belts as needed Replacement of pump transmission oil and fIlter Replacement of engine transmission fluid and filter Replacement of rear axle lube oil as needed - Inspection of front wheel bearing Replacement and repacking as needed Inspection and cleaning of relief valve strainer Replacement of secondary fuel filters on both engine and generator The number of vehicles may fluctuate from time to time due to new purchases or removal of vehicles from inventory. The inspections shall be preformed at the respective fire stations. 7. WORK SCHEDULE - Regularly scheduled semi-annual inspections and preventative maintenance shall be conducted at such intervals as are approved by the DISTRICT. 8. PUMP TESTS - CONTRAcrOR shall perform an annual pump test at a flat rate cost of $250.00 each for all vehicles requiring such test. In order to facilitate the passing of the pump test, minor repairs and adjustments shall be made as needed; price includes clean-up after salt water use. The CONTRACTOR shall provide documentation of performance to Monroe County. The documentation must be in the form of an electronic version report that is em ailed to the Captain of Support Services. The form must either be in Microsoft Word or Excel. 9. 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 $400.00 and over, a copy of original parts supplier invoices shall be attached to the bill. CONTRAcrOR will be required to keep all original parts supplier invoices available at request by County for spot checking and auditing purposes. 3 10. ENGINE OIL AND FILTER CHANGE and complete drive train lubrication and any other fluids and/or filter changes, shall be performed as recommended by the manufacturer. 11. SEMI-ANNUAL INSPECTION SCHEDULE - CONTRACTOR shall perform the following inspection and preventative maintenance twice per year on all vehicles: (a) (b) (c) (d) (e) (t) (g) (h) (i) (j) (k) (1) (m) (n) (0) (P) (q) (r) (s) (t) Cooling system, including fan belts, radiator supports, hoses and clamps, and auxiliary cooler; . Exhaust System, including hanger, clamps, muffler, and pipes; Clutch, including freeplay, linkage, and fluid levels; Manual Transmission, including seals, linkage, and lube level; Automatic Transmission, including fluid level, seals, modulator adjustment, and linkage; Drive Train, including V-joints, center support, and companion flanges; Rear Axle and springs, including oil links, spring hangers, center bolts, and V-bolts Front End, including steering box, linkage, kingpins and bushings, spring hangers, and V-bolts; Mechanical Brakes, including adjustment and fluid levels; Air Brakes, including drain, adjustment, wear, and air leaks; Tires, including condition and wear; Electrical System, including running lights, emergency lights, battery cables, turn lights, 4-way flasher, headlights, stop lights, and switches; Fuel System, including hoses and fittings, ftlters and brackets, and tank straps; Booster Tank, including leaks and supports; Prime Pump, including electrical wires, coupling, switch, and valve discharge; Plumbing and Gates, including leaks, brackets, bleed valves, control arms and knobs, and linkage; Main Pump, including vacuum test, pressure test, packing, clappers, and mounting; Pump Transmission, including fluid levels, seals, shift motors, and manual override; Aerial Ladder, including power takeoff, drive shaft and coupling, P.T.O. activating device and outrigger controls; Aerial Operation, including engine RPM., hydraulic pressure, operation of all controls, warning devices, hoses and fittings, rung covers, ladder locks, and ring gear; Aerial Platform, including lubrication, platform leveling, electrical system, turntable and platfonn controls, communications, and water tube. (u) The above inspections shall include, at no additional labor charge, the changing of all applicable fIlters and fluids used by the unit being inspected. Air filters shall be changed on first inspection and then yearly thereafter. Filters and fluids shall be 4 billed at cost plus 25%, as previously described in Section 9 of this AGREEMENT. Upon completion of inspection a computerized report will be forwarded to the Captain of Support Services indicating the status of the items inspected. This will be done for every vehicle when Preventative maintenance is performed on the vehicle. This report must be emailed to the Captain of Support Services at lubert- peter@monroecounty-fl.gov. The form mllst either be in Microsoft Word or Excel. 12. WEEKLY MAINTENANCE SCHEDULE - CONTRACTOR shall provide to the DISTRICT a preventative maintenance schedule that can be performed weekly by the individual Volunteer Fire Departments' personnel. 13. 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. 14. COMMUNICATION - CONTRACTOR shall maintain a telephone or paging device such that prompt notification of request for service is possible twenty-four (24) hours a day. 15. RESPONSE TO SERVICE REQUEST - CONTRACTOR shall maintain itself in a state of readiness during normal working hours, 8:00 am - 5:00pm Monday thru Friday, and shall respond to the location where emergency repairs are needed within 12 hours of receiving a request. For repairs required after normal working hours, CONTRACTOR shall respond to the location where emergency repairs are needed within 24 hours of receiving a request. 16. CERTIFICATION - CONTRACTOR shall provide evidence satisfactory to the DISTRICT that its personnel who perform maintenance work are certified in pump mechanics, general mechanics and repair. 17. QUALIFICATIONS OF MAINTENANCE PERSONNEL - All personnel performing maintenance, repairs, adjustments and related work on Monroe County equipment shall be a certified fire apparatus mechanic or otherwise certified for 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. 5 18. 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 B". 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. 19. LOCA nON OF WORK - This contract is for maintenance of flre rescue vehicles located at the following sites: A. B. C D. E. Stock Island Big Coppitt Sugarloaf Cudjoe Big Pine F. G. H. I. Monroe County Fire Academy (Marathon) Conch Key Layton Tavernier 20. INSURANCE - During the term of this contract, the CONTRACTOR must keep in force and effect the insurance required by Attachments C". Attachments C" are attached and incorporated into this contract. 21. ADDmONAL REQUIRED STATEMENTSNERIFICATIONS/AFFIDA VITS. Attached hereto in "Attachment 0" are Public Entity Crime Statement, Non- Collusion Affidavit, Ethics Clause, and Drug-Free Workplace Form 22. PAYMENTS - Payments for semi-annual inspection, preventative maintenance and pump tests 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 repair resulting from equipment failure or malfunction requiring service shall be billed by the CONTRACTOR at the applicable rates as specified in Section four, flve and six of this AGREEMENT. The CONTRACfOR 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 DISTRICf shall effectuate such repair; upon completion of same the CONTRACTOR shall notify the DISTRICT of the out come and actual cost. The DISTRICT shall issue a separate purchase order for each occurrence of unscheduled maintenance and repair. 23. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 24. Venue for any litigation arising under this contract must be in a court of competent jurisdiction in Monroe County, Florida. 6 IN WITNESS WHEREOF, each party hereto has caused this contract to be executed by its duly authorized representative. '. (~~~f BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT 1 Of~OECOU~.~T TYY"jL/ ',{~/1t~ \\.\. ~....-~. "" . " tfr}'Tn'Chairman . _~ ." , .'; F :.: 'Attest: .Danny L. Kolhage, Clerk -. ~ .'.. "',,-:::, .- G~~.c. Clerk 1%./t.lloS N . H ON AN~/t}r:'f/d!NE~_" WITNESS: Fire Tech Repair Service Inc. ~ (~) Authorized Representative -- ~ :l: Cl g '"T1 0 );> 0'\ I :z: "T1 ::tIn% r"1 rr1 0 O,:Z: co 1'1:;1:-<: I ., n- , 0 on' ~ ;.0 c:: - ;A: z?Oc ~ :::0 -I --- ::z: .., -< ~ :::. c-> . . :> 'e C> .." C) :;;0 r r<1 N 0 ;po 7 ~ .ltJ.H~'_1J (l'h:r(,Mfi:",J.-",,~ ,_ ,1'/"L-q/.ohL Attachment A Monroe County Fire Apparatus District 1 Location Stock Island Vehicle Description 1990 E-One Pumper 1994 Southern Coach Tanker/Pumper Big Coppitt 1983/89 Ford Rehab Unit 1990 E-One Pumper 1999 Southern Coach Pumper 1978 LFRNC Pumper Sugarloaf 1993 Boardman Triple Comb Pumper 1986 Chevrolet Rescue Pumper 198111998 Saulsbury 3000 Gallon Tanker! Pumper Cudjoe 2003 Pierce Pumper Big Pine Key 1989 Young Pumper 198111998 Saulsbury 3000 Gallon Tanker! Pumper 1996 Dodge 3500 Brush Truck 1985 AMGC 6 x 6 Brush Truck Marathon Airport 1997 E-One Ford 450 ARFF Monroe County Fire Academy (Marathon) 1985 AMGC 6 x 6 Brush Truck 1978 LFRNC Pumper 1978 LFRNC Pumper Conch Key 1989 Young Pumper 198111998 Saulsbury 3000 Gallon TankerlPumper Lay ton 1992 E-One Rescue 1990 E-One Pumper Tavernier 1992 Saulsbury Hose Reel Truck 1988 Spartan RescuelPumper 1988/2004 E-One Aerial Platform 2001 Pierce Pumper 1992Ford Rehab Unit '. 1 'lCl(i Edition ..- MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACTADMRaSTRATION MANUAL Indemaification and Hold Harmless for Other CODtracton aDd Subcontncton -- The Contractor covenants and agrees to indelIllUfy and hold barmIess Monroe County Board of County Commissioners from any and all claims for bodily injury (including death). personal injury, and property damage (inc~ property owned by Monroe County) and any OWl losses, damages., and expenses (includmg attorney's fees) which arise out ot; in coDIJeCtion with. or by reason of services provided by the Contractor or any of its SubcoDtractor(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 employees. or agents. In the event the completion of the project (to iDclude the work of others) is delayed or suspended as a result of the Contractor's fiWure to purchase or maintain the 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. TCS Ailininislra.lion Instruction H709.5 Attachment B ~ j 1996 Editioa RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRA nON MANUAL GeDeral IDsuraDce Requirements for Other CODtraeton aDd SubcoDtracton As a pre-requisite of tile work gov~ or the gQOds supplied under this contract (including the :pre-staging of personnel and materia1), the Contractor shall o~ at hisIber own expense, lI1SUl"8IlCe 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 an 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 DOt be permitted to COI.IUMDCe work governed by this contract (including pre- stagin& of personnel and material) until satisfactOI)' evidence of the required insurance bas been furDis6ed to the County as specified below. Delays in the commencement of work, resulting from the fiU1ure of the Contractor to provide satis&etory evidence of the required insurance, sbalJ not extend deadlines specified in this contract and any penalties and fiUlure to perform assessments shall be imposed as if the work cormnenced on the specified date and time, except for the Contractor's &ilure to provide satisf8ctory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and ~ extensions specified in the attached schedules. Failure to comply with this provision may resuh m the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work. resulting from the Duhue of the Contractor to mahrt~m the ~uired insurance shan DOt extend d~l~ specified in this contract and any penalties and fiUlure to perfonn assessments shall be imposed as if the work bad not been Suspended, except for the Contractor's fililure 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, bas the right to request a certified copy of any or all insurance policies req~ed 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. Adm i nistration Instruction #4709.5 At tachment C' 1 of 7 1996 Editioa The Monroe COWlty Board of County Conunissioners. its employees and officials will be inLChl\ t,<", 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. Attachment: C 2 of 7 r\Jrnini:;tration Instruction #~709.5 I Qqn Ed ition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRA nON MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual RecOgJ"hing this potential. and acting on the advice of the County Attorney, the Board of County Commissioners bas granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excluded from this authorization is the right to waive: . The COIIDty as beiDg Damed as aD AdditioDal IDsured - If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management bas been granted the authofity to waive this provision. and . The IndemnificatioD aDd Hold Harmleu provisions WaiviIUz of insurance provisions could e'<P05e the County to economic loss. For this reason. every attempt should be made to obtain the standard insurance requirements. [f a waiver or a IOOdification is desired, a Request for Waiver of Insunnce RequiremeDts form should be completed and submitted for consideration with the proposal After consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may tile an appeal with the County Administrator or the Board of County Commissioners, who retains the final dccisi0\"\. making authority. AJministration [nslruction #4709.5 Attachment C 3 of 7 19% Edition ..... GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE 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 Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. "' GLI Administration In3truction #4709.5 Attachment C 4 of 7 1996 Edition .... VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the couunencement 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: - 5100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person 5100,000 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. - VLl Administration Instruction #4109.5 Attachment C 5 of 7 1996 Edition .... WORKERS' COMPENSA nON INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND - Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' 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 In~ury by Accident $500,000 Bodily Injury by Disease, policy limits $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 If 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 Certificate oflnsurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. wet -- Administration Instruction #4709.5 Attachmnet C 6 of 7 f I QQfi Edition MONROE COUNTY, FLORIDA Req1lest 'or Waiver 01 lasan_a Requiremeats It is requested that tbe ins\lnn~ requirements, as specified in the County's Schedule ofInsuranco R.equiremclits. be waived or modified on the mllawin, cantract. Cootr'ld.Or. ConUUt for: Address of Contractor: Phone: Scope of Work: R.cuoo for Waiver. Pi)ficios Waiver will apply to: SianltUr. of Con tractor: Risk MUI'ClDenl Date County Administrator appeal: Date:: FJ(2..ff.. -TW-t RAf'AJ/L. SMi/JU -:;t:itle.. f'JU f1PPIftU.JrlA< frJ"qIIt!TMlIJAJCL f. O. f3of>L I {"7V K( r L.,,q te.&i. D J ~ L 13t>37 '3~- '19t"J'l9t:. /:loJ'J:tl.-WSR . #J J(}/ll/TfflA;JCL 0;:: PI/2-&., ru.>eu. If v/t II/CdS WIi- /-IIJIIā‚¬ tJo !i1YJ/''-Dytrl< - 4Jf)fU( IS' ~E:.flE{)/I./??Et> B(I . ( c..Wf'fitV1 tJi,.JI.J6../C..S flrJD ~l{iS(jJMr~oR.-5 r.Jo/4(R-J~N'5 i!.co#II'JVJS/d/b;V & Approved Not Approved Approved: Not Approved: Board of Count)' Commissioners appeal: ~,It:~ting Date: Administration Instruction ;l41~.' Approved: Not Approved: Attachment C 7 of 7 PUBLIC ENTITY CRIME STATEMENT .. A person or affiliate who has been placed on the coovided vendor list following a conviction for public entity crime may not submit a bid 00. a contmct to provide lilY goods or services to a public entity, may not submit a bid on a contract with a public entity for the COnstructiOll or repair of a public building or public work, may not submit bids on leases ofreal property to public entity, may not be awarded or perform work u a contractor, supplier, subcontractor, or consultant \Dicier 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 fOl' a period of 36 months &om the date ofbeing placed on the convicted vendor list." By signing below I acknowledge that I have read and undentand the above-referenced statement. STATE OF FL~rt!cf)A- r au~~I-~../T,<~) (Signature ofDi ) , I!-Y-<QC;-- Date COUNTY OF YlIt!J" r,.,..e, PERSONALLY APPEARED BEFORE ME, the undersigned authority, --Ro n e r-l- (3 u r- L -e i who, after tint beinglWOl'll by me. (name of individual signinS) affixed bWhcr signature in the space provided above on thU \.1 t h day or "0 u ~0"'l\13 ~r _ 20 05- . ~ /J7 n Z/ Mt7 &~ My .......;qion expires: N ARY PUBLIC !/ ~M. COOK NokIIY "'* - .... 01 fIClItdII ..., . COftWl\JII17 . DOl107OS IonCIIdtt NaIDnl1I NCIkIY"" Attachment D 1 of 4 NON-COLLUSION AFFIDAVIT ?u!?47?f C""-/.CU/ /~ I. . of the city of TAv 1! ..../1 (/ c-r according to law on my oath. and under penalty ofpeljury, depose and say that; ~ Pi. - -- ~ S -- I) I amv~ n-~_ .'P /"i:'e;r( -r~ 'P7'1Y~y. 7~:kt:.. the bidder making the Proposal for the project dcsaibed as followl: . fJIA.,),fl'\lA' Co tAZ )l1tJ'M't~~'" ""'1' Ftrt. ~'A.- apir ~ V~htd~ I?lQ-rlJ-C(') -3.J~~/pv? 2) The prices in this bid have been miwd at indepcDdcady without collusion. consultation, .-.~ CJI' ~ _die purpoe of~ com~i'_ AI to any maUettdaaiDa to IUdl prices with my other bidder or wi1b. my competitor; 3) lJD1ca odIawisc aequita1 by law. 1he prices which have becD quoted in this bid have not beeo JmowiaaIy diJcbecl by the bidder IIId willnal Imowinaly be disclosed by the: bidder prior to bid opcmiD& dim:tlyor indirectly. to any od1cr bidder or to Ill)' competitor; and 4) No~.... beea.1IIlIde oc will be made by die bidd&:r to iDdUICe my Olber penoa., psrtncnbip 01' corporatiOll to submit, or DOt to aubmit, a bid for the pIA~ of Ie8Irictin8 oompetitioo; S) Tbc ItataneotI COIltaiDed in tbia affidavit are true IDCl COI'I'CCt, ad made with tu11 bowledge that Momoe County relies upoIl the tlU1h of the statemaltl COIltained in this affidavit in awmIiDg coDlraCtl for said project. STATEOF rtOl't~ ~~./~,IT~) I/-t(-r~~ Date PERSONALLY APPEARED BEFORE ME, the undenigoed authority, e.o;le tooT 8 '-< ....l-C-~ who, oller lint beiDa __ by -. (...... of~ sigDins) .ftiW bisIber signature in space provided above on thiI J-f -th. dayof n Q \Je('Y1 r3 er .20 6 S--. c;Jg~ (d My_~oxpDa: COUNTY OF y'JzC>71ro-t.. OMB - Mep FORM #1 ----.............--- MI,,, ... coac NaDy fIIdc . ... of FbIda 'JaIl Comt..-.on II DOl 10703 IondIct~NaIanaI~'" Attachment D 2 of 4 SWORN StATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, PLORIDA ETIUCS CLAUSE f20h~r( c. t5vr fer warrants that befit bas not employed, retained or otherwise had act on hislits behalf any former County officer or employee in violation of Section 2 ofOrdiIlllllCe No. 10-1990 or my County offiCCl' or employee in violation of Section 3 ofOrdiIlllllr7. No. 10-1990. For breach or violation oftbil provision the Coumy may, in its di8cmioo, terminate tIWI contract without liability 8Dd mayalao, in its discretion, . deduct &om the contract or purch8le price, or otherwise recover, tho full amount of my fcc, cornmi-Iioa, paeentltr~ gift. or COIIIideration paid to the former Couuty ofticer 01' employee. I 7( %~----f;,.~.jTIv~.) Date: 11- y" -0 r:::- STATE OF ~l'tc::OA- . COUNTY OF vJ1 C:)yZ ('~ e.- PERSONAlLY APPEARED BEFORE ME, the undenigoed authority. ~ 0 8 c: r \ 13 U' l-~ 'j who. after tint being IWOID by me, affixed hisJ'ber sigaature (aamc of individual tip"'&) in the space provided above on Ibis 4 {- h uy of 20 oS: My commission expires: OMS - MCP FORM #4 Attachment D 3 of 4 DRUG-FREE WORKPLACE FORM The undtnigocd vendor in accordaDce with Florida Statute 287.087 hereby certi1ies that h'/t: -tee."- l~/?A-/r ~/'\IIt-:~ -r:rL- (Name ofBusincss) 1. PubIUh . IIatemeat BOtifyina employees that the unlawfUl tIUIIlllfacture, distributioD.. dispeDaing. poIlel.ioD, 01' _ of. CODIroIled IWMance is prohibited. in the WOItpIace IDd specifying the dOllS that will be taken against em.plo;,ecs for violatiODl of such proIn'bition. 2. IDConn cmpIo)"'e8 abcJuI tile .....,. of ctma IbaIe in die wOltplace. die ~,m-.. policy of ...-....ini... . drua-fiee ~ ....,. awiJahIe ... ~ilif\" rdIabiIitadoB, ..... employee lIIIiIIDce progrIIDI, ad 1be peaaIticls dW may be impoIed upon employees fOl' drug abuse vioJatioal. 3. Give acIl employee cappel ia pIOYidiDa the ClOIWOOdities 01' ~ ICrVicea that me UDder bid . CCPy oftbe atatement specified in aubsectiOll (1). . 4. IIlI11e -ft-' specified in subIectioa (I). DOdfy the aup10yea dud,... CODd__ ofwodtina OIl tile 001lol.1I~ 01' c--".~' _nee. dill.., 1IIIida' hid, die employee will... by die am. oldie ~ aad will DOIify 1be cmploJa' of my convic:tioD of, 01' plea of pilty Ol" DOlo ~ to, _y vioIItioa ofChlpta 193 (Florida StabJa) OI'of_y COIIIIOIIecI.....DCe law oldie United. States OI'_y state. for . violation occurrina in tile workplace DO later Ibm five (5) cia,. after mch conviction. S. ~. ..-nnn OD, or RlqUiIe the ..tiJw.fory p8dicip8Iiaa. in a drua abuIc ..i.._ 01' rr.hahi1iNtinoa ~ if such is available in the ~. C(,....nu..~. 01' any employee who is 10 ,oonvictal 6. Make a aooc:t faith eff'ott to CODtinue to maintain a drua-fme workplace through implemad8tion of this section. M die pcDOD aucborizcd to G. die IIaIemeaI,. I certify .... dIia film oomph fully with the above ~. a~ ~(.rjr;".) Bidder. Signature . ' II-Y-aS- Date OMB - Mep FORM tiS Attachment D 4 of 4