Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18. 19.2001
Division:
Public Works
Bulk Item: Yes ~
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew contract with Siemens Building Technologies, Inc.
(f/k/a Landis & Staefa, Inc.) for certification, maintenance, and testing of the Monroe County Detention
Center fire alarm system, building automation system and smoke control system; the Sheriff's
Administration Building fire alarm system and building automation system, and tlie courthouse annex
fire alarm system.
ITEM BACKGROUND: The contract agreement with Siemens Building Technologies, Inc. will
expire on May 31,2001. In accordance with Section III, Article 3.12 of the original agreement dated
May 13, 1998, the County exercises its third offour options to renew for an additional one-year period.
PREVIOUS REVELANT BOCC ACTION: On April 19, 2000, the BOCC granted approval to
renew contract between Monroe County and Siemens Building Technologies, Inc.
CONTRACT/AGREEMENT CHANGES: Increasing contract by the CPI-U increase of 3.5% from
$66,356.00 per year to $68,678.46 per year, and amending Section 3.12 of the original agreement to
reflect current Monroe County policy for the Consumer Price Index.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $68.678.46 Per Year
$17,169.62 Per Quarter
COST TO COUNTY: Same as above
BUDGETED: Yes -X- No
Account #101-20505-530-340
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
ITEM PREPARED B -tl/,
arate, Sr. Direc~~bli~ties Maint~nance
DIVISION DIRECTOR APPROVAL: ~{/~
Dent Pierce, Director of Public Works
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DOCUMENTATION:
Included
X
To Follow
Not Required_
AGENDA ITE.\f # l-t ,
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COM:MISSIONERS
CONTRACT SUMMARY
Contract with:
Siemens Bldg. Tech.
Contract #
Effective Date:
Expiration Date:
06/01/01
05/31/02
Contract Manager: Ann Mytnik
(Name)
4549
(Ext.)
Facilities Maint./Sto #4
(Department/Stop #)
for BOCC meetin on
04/18/01
A enda Deadline: 04/04/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 68,678.46
Budgeted? Yesl:8l No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ 22,892.82
101-20505-530-340-
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed / Q Re~er .
Division Director LI/S/D I YesO NoD ( .' ..l?-1-/ f,r.--------
RiS~Manag~r)int 'i-\'-\D\ Yes~oD G\. Lhj"- ~;t,./N--
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County Attorney 1/2/&( YesD NO~~
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OMB Form Revised 2/27/01 MCP #2
RENEW AL AGREEMENT
(Certification, Maintenance, and Testing Service Agreement for the following: 1) Detention
Facility Fire Alarm System, Building Automation System & Smoke Control System; 2) Sheriff s
Administration Building Fire Alarm System and Building Automation System; and 3)
Courthouse Annex Fire Alarm System in Monroe County Florida.)
TillS RENEWAL AGREEMENT is made and entered into this 18th day of April, 2001, between
the COUNTY OF MONROE and SIEMENS BUILDING TECHNOLOGIES, INC. flkJa/ Landis
& Staefa, Inc, in order to renew t~e original agreement between the parties dated May 13, 1998,
as renewed on April 14, 1999, and April 19, 2001, (copies of which are incorporated hereto by
reference); as follows:
1. In accordance with Section 3.12 of the May 13, 1998 agreement, the County exercises its
third of four options to renew that Agreement for an additional one-year period.
2. In accordance with Monroe County Purchasing Policy Chapter 6 paragraph C, the second
sentence of Section 3.12 of the original agreement dated May 13, 1998 shall read as
follows:
The contract amount agreed to herein might be adjusted annually in accordance with the
percentage change in the Consumer Price Index for all urban consumert; (CPI-V) for the
most recent 12 month available.
3. Payment by the County to Siemens Building Technologies, Inc. for the ~;ervices provided
increases by 3.5% (last available CPI-V) from $16,589.00 to $17,169.(j2 quarterly, and
from $66,356.00 to $68,678.46 per year.
4. The term of the renewed agreement will commence on June 1, 2001, and terminate on
May 31, 2002.
5. In all other respects of the May 13, 1998 original agreement between the parties remains
in full force and effect.
IN WITNESS THEREOF, parties have hereunto set their hands and seal, the day and year first
written above. .
D~L.KOLHAGE,CLERK
BOARD OF COUNTY C01v1MISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
SIEMENS BUILDING TECHNOLOGIES, INC.
Witness
By:
Witness
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RENEW AL AGREEMENT
(Certificlltion, Maintenance, and Testing Service Agreement for Ihe following: I) Delention Facility Fire
Alarm Syslem, Building Automalion System & Smoke Control System; 2) Sherifrs Administralion '
Building Fire Alarm System and Building Automation System; and, 3) Courthouse Annex Fire Alarm
System in Monroe County Florida.)
T)-IIS RENEWAL AGREEMENT is made and entered into this 19th day of April,
2000, between the COUNTY OF MONROE and SIEMENS BUILDING
TECHNOLOGIES, INe. f/k/a Landis & Staefa, Inc. in order to renew the original
agreement between the parties dated May 13, 1998, as renewed on April I ~:..1999 (a copy
of which is incorporated hereto by reference) ; as follows:
1. In accordance with Section Three 3.12 of the May] 31h, 199X agreement, the
County exercises its option to rl'ne\\' that Agreemenl for an additional year.
2_ Payment by the County 10 Siemens BuildingTechnologies, lnc. for the services
provided remains at $66,356.00 per year.
3. The term of the renewed agreement will commence on June 1,2000 and terminate
on May 31,2001.
4. In all other respects, including the amount of compensation due to Siemens
Building Technologies, Inc. the May 13, 1998 original agreement between the
parties remains in full force and effect.
WITNESS THEREOF, parties have hereunto sel their hands and seal, the day and
'jr t written above.
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BOARD OF COUNTY COMMISSIONERS OF MONROE
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RENEWAL AGREEt\1ENT
(Cl'r11 rlCa( lOll. MainlcnallCc. and Tesling Service Agreemcllt for lhc following: I) Detention 1:IICiJily r-ire
A '''I m S\'sll'm. Building AUlomaliOll Syslem & Smokc Conlrol Syslem; 2) SheriIT's AdmlOi\lfalio.;
Buildlllg Fill' Alarm Systcm and Building AUlomalioll System; alld. .1) Cour1house Annex fir\, Alarm
S\'SIl'1ll 111 MOl1lnc ('ounty Florida.)
TIllS RI-:NFW AI. AGREEMENT I', made and entered into this 14 th day of April,
I <)()<), between the COUNTY OF MONROE and SIEMENS BUILDING
TH'I-INOI.OGIES, INC. Uk/a Landis & Staefa, Inc. in order to renew the original
<-1gn't'mcnt hetween the parties dated May 13, 1998 as follows: ..._
In accordal1ce with Scctj(ll1 Three 3.12 olthe May 131h, 1998 agreemenl, the
('()tllll\ t'\('ll'j\('\ Its opliol1to renew that Agreemcnt lor <-111 additional year
') Payml'llt hy lhl' ('Ollllly to Siemens BllildingTechllologies, Inc. lor the services
provided remains al $66,356.00 per year.
1 The term 01 the renewed agreement will commence on June 1, 1999 and tenninate
on May 31,2000.
4. In all other respects, including the amount of compensation due to Siemens
Building Technologies, Inc. the May 13, 1998'original agreement between the
parties remains in full force and effect.
BOARD OF COunl Y COMMISSIONERS OF MONROE
COUNTY, fLORlDA
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, SECTION THREE
CONTRACT AGREEMENT
This agreement, made and entered into this 13' day of May, 1998,
A. D., by and between Monr.oe County, F lor ida, party of the first
part (hereinafter somrti les called the "Owner"), and Landis &
Staefa, Inc., party of the second part (hereinafter sometimes
called the "Contractor" .
WITNESSED: That the parties hereto, for the consideration
hereinafter set forth, mutually agree as follows:
3.01
SCOPE OF WORK
The Contractor shall furnish all labor, materi~ls, equipment,
machinery, tools, ,apparatus, and transportation and perform all of
the work described in the Specification entitled:
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CERTIFICATION, MAINTENANCE, AND TESTING SERVICE AGREEMENT
DETENTION FACILITY
Fire Alarm System
Building Automation System
Smoke Control System
SHERIFF'S ADMINISTRATION BUILDING
Fire Alarm System
Building Automation System
COURTHOUSE ANNEX
Fire Alarm System
MONROE COUNTY, KEY WEST, FLORIDA
and his bid dated April 16:' 1998, attached hereto and
incorporated as part of this contract document, and shall do
everything required by this Contract and other Contract Documents.
3.02 THE CONTRACT DOCUMENTS
a) The Contract Documents consist of this Contract Agreement, the
Request for Bids, the Specification Package, the Insur-
ance/ Indemni f ication/HOld Harmless Documents, the Non-Collu-
sion Affidavit, the Drug-Free Work Place Form, and the Ethic~;
Clause. These form the Contract, and all are as fully a parL
of the Contract as if attached to this Agreement or repeated
herein.
b) In eases of conf 1 iet wi thin the described Contract Documents
in Article 1 of this Form of Agreement, the order of prece-
dence shall be as follows:
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1. This Contract Agreement
2. Specification Package
3. Requests for Bids
4 . Insurance/ Indemni fica tion/Hold Harmless D,)cuments
5. Non-Collusion Affidavit
6. Drug Free Workplace Form
7 . Ethics Clause
3.03 ASSURANCE AGAINST DISCRIMINATION
The CONTRACTOR shall not discriminate against any pe..r~;on on the
bas is of race, creed, color, national or ig in, sex, age, or any
other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or \any other area
affecting employment under this agreement or with the provision of
services or goods ,under this agreement.
3.04 ASSIGNMENT
a) The CONTRACTOR shall not assign this agreement, except in
writing and with the prior written approval of the OWNER and
CONTRACTOR, which approval shall be subject to such conditions
and prov is ions as the OWNER and CONTRACTOR deem necessary.
This agreement shall be incorporated by reference into any
assignment and any assignee shall comply with all of the
provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed
to impose any obligation upon the OWNER in addition to the
total agreed-upon price of the services/goods of the CONTRAC-
TOR. '
b) CONTRACTOR shall not employ any Subcontractor, Supplier or
other person or organization, whether initially or as a
substitute, against whom OWNER may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor,
Supplier or other person or organization to furnish to perform
any of the Work against whom CONTRACTOR has reasonable
objection.
3.05
COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the
CONTRACTOR shall abide by all statutes, ordinances, rules and
regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations
shall consti tute a material breach of this agreement and shall
enti tIe the OWNER to terminate this contract immediately upon
delivery of written notice of termination to the CONTRACTOR.
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3.06 LABOR, MATERIALS AND EQUIPMENT:
a) CONTRACTOR shall provide competent, suitably qualified
personnel to perform the Work as required by the Contract
Documents. CONTRACTOR shall at all times maintain good disci-
pline and order at the facility.
b) All materials and equipment shall be of good quality and new,
except as otherwise provided in the Contract Documents. If
required by the OWNER, CONTRACTOR shall furnish satisfactory
evidence (including reports of required tests) ~s ~o the kind
and quali ty of materials and equipment. Original invoices
will be submitted to the OWNER for reimbursement. All
materials and equipment shall be applied, ins~alled, connect-
ed, erected, used, cleaned and conditioned in accordance with
the instructiGns of the applicable Supplier except as other-
wise provided in the Contract Documents.
c) The OWNER is tax exempt and reserves the right to purchase
directly various materials and equipment that may be a part of
the CONTRACT. If the OWNER elects to make a particular
purchase, the Director of Facilities'Maintenance, Public Works
Division, will act as a purchasing agent for the OWNER. The
OWNER will, via a Purchase Contract, purchase the materials
and equipment, and the Contractor shall assist the Director
of Facilities Maintenance, Public Works Division in the
preparation of these Purchase Contracts.
d)
Independent Contractor Status and Compliance
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Immigration Reform and Control Act of 1986.
with
the
At all times and for -all purposes under this agreement the
CONTRACTOR is an independent contractor and not an employee of
the OWNER. 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 OWNER. The CONTRACTOR acknowledges that it is responsible
for complying with the provisions of the Immigration Reform
and Control Act of 1986, located at 8 D.S.C. Section 1324, et
seq., and regulations relating thereto. Failure to comply
with the above provisions of this contract shall be considered
a material breach and shall be grounds for immediate
termination of the contract.
e) The OWNER designates the Director of Facilities Majntenance,
Public Works Division, to function as Contract Manager, who
shall be responsible for enforcing performance of th(~ Contract
terms and condi tions, serve as liaison wi th the contractor,
and approve all invoices prior to payment.
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3.07 SAFETY AND PROTECTION
a) CONTRACTOR shall be responsible for ini tiating, maintaining
and supervising all safety precautions and programs in
connection with the Work. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the necessary
protection to prevent damage, injury or loss to:
1) all employees on the Work and other persons and
organizations who may be affected thereby;
2) all the Work and materials and equipment to be
incorporated therein, whether in storage on or
off the site; and
3) other property at the site or adjacent th~reto, including
trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities and underground facilities not
designated for removal, relocation or replacement in the
course of construction.
b) CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to'protect them from damage,
injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection.
c) The CONTRACTOR shall notify owners of adjacent property and of
underground facilities and utility owners when prosecution of
the Work may affect them, and shall cooperate with them in the
protection, removal" relocation and replacement of their
property. All damage, injury or loss to any property,
directly or indirectly, in whole or in part, by CONTRACTOR,
any subcontractor, 3upplier or any other person or
organization directly or indirectly employed by any of them to
perform or furnish any of the Work or anyone for whose acts
any of them may be liable, shall be remedied by CONTRACTOR
(except damage or loss attributable to the acts or omissions
of OWNER or anyone employed by OWNER whose acts may be liable,
and not attributable, directly or indirectly, in whole or in
part, to the fault or negligence of CONTRACTOR).
3.08
EMERGENCIES
In emergencies affecting the safety or protection of persons or
the Work or property at the site or adjacent thereto, CONTRACTOR,
without special instruction or authorization from OWNER, is obli-
gated to act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give OWNER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or variations
from the Contract Documents have been caused thereby.
3.09 SUSPENSION OF WORK AND TERMINATION
a) OWNER may terminate upon the occurrence of anyone or
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more of the following events:
1) if CONTRACTOR commences a voluntary case under any
chapter of the Bankruptcy Code (Title 11, United States
Code), as now or hereafter in effect, or if CONTRACTOR
takes any equivalent or similar action by filing a peti-
tion or otherwise under any other federal or state law in
effect at such time relating to the bankruptcy or
insolvency;
2) if a petition is filed against CONTRACTOR under any
chapter of the Bankruptcy Code as now or hereafter in
effect at the time of filing, or if a petition is filed
seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect
at the time relating to bankruptcy or insolvency;
3) if CONTRACTOR makes a general assjgnment for the benefit
of creditors;
4) if a trustee, receiver, custodian, or agent of CONTRACTOR
is appointed under applicable. law or under contract,
whose appointment or authority to take charge elf property
of CONTRACTOR is for the purpose of enforcing a lien
against such property or for the purpose of general
administration of such property for the benefit of
Contractor's creditors;
5) if CONTRACTOR admits in writing an inability to pay its
debts generally ~s they become due;
6) if CONTRACTOR persistently fails to perform the Work in
accordance wi th t'he Contract Documents (including, but
not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment);
7) if CONTRACTOR disregards Laws or Regulations of any
public body having jurisdiction;
8) if CONTRACTOR disregards the authority of OWNER; or
9) if CONTRACTOR otherwise violates in any s.ubstantial way
any provisions of the Contract Documents.
b) OWNER may, after giving CONTRACTOR (and the surety, if there
be one) seven days' written notice and to the extent permitted
by Laws and Regulation, terminate the services of CONTRACTOR,
exclude CONTRACTOR from the si te and take possession of the
Work and of all Contractor's tools, appliance, and machinery
at the site and use the same to the full extent they could be
used by CONTRACTOR (without liability to the CONTRACTOR for
trespass or conversion), incorporate in the Work all materials
and equipment stored at the site or for which OWNEr has paid
CONTRACTOR but which are stored elsewhere, and finisl, the Work
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as OWNER may deem expedient. . In such case CONTRACTOR shall
not be entitled to receive any further payment until the Work
is finished. I f the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of
completing the Work (including but not I imi ted to fees and
charges of engineers, architects, attorneys and other
professionals and court costs) such excess will be paid to
CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER.
c) Where Contractor's services have been so terminated by OWNER,
the termination will not affect any rights O"r rr~medies of
OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CO~TRACTOR by
OWNER will not release CONTRACTOR from liabili~y.
d) Upon seven days' written notice to CONTRACTOR, OWNER may,
without cause and without prejudice to any other right or
remedy, elect to abandon the Work and ~erminate the Agreement.
In such case, CONTRACTOR shall be paid for all Work executed
and any expense sustained plus reasonable termination
expenses, which will include, but not be limited to direct,
indirect, and consequential costs (including, but not limited
to, fees and charges of engineers, architects, attorneys, and
other professionals and court costs).
e) Contractor may stop work or terminate:
If, through no act or fault of CONTRACTOR, the Work is sus-
pended for a period of more than ninety days by OWNER or under
an order of court or o,ther public authority, or OWNER fails to
act on any Application for Payment wi thin thirty (30) days
after it is submitted, or OWNER fails to pay CONTRACTOR any
sum finally determined ~o be due within thirty (30) days after
it is determined to be due, then CONTRACTOR may, upon ninety
days I wri tten notice to OWNER, terminate the Agreement and
recover from OWNER payment for all Work executed and any
expense sustained pI us reasonable termination expenses. In
addi tion and in lieu of terminating the Agreement, if OWNER
has failed to act on an Application for Payment or has failed
to make any payment as aforesaid, CONTRACTOR may upon ninety
days' written notice to OWNER stop the Work until payment of
all amounts then due.
3.10 DISPUTE RESOLUTION
All claims, disputes and other matters in question between OWNER
and CONTRACTOR arising out of, or relating to the Contract Docu-
ments or the breach thereof (except for claims which have been
waived by the making or acceptance of final payment_) will be
decided by a Court of Law in the County of Monroe in the State of
Florida. All procedures shall be subject to all the standard
practices of civil proceedings of the State of FloJida. The
CONTRACTOR shall carryon the Work in accordance with the contract
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documents and without delay during.disputes and disagrEements with
the OWNER.
3.11 TERM OF CONTRACT
This CONTRACT shall be for a twelve (12) month period beginning on
June 1, 1998 and terminating on May 31, 1999. The CONTRACT term
shall be renewable in accordance with Article 3.12.
3.12
RENEWAL
The OWNER shall have the option to renew this agre~ment after the
first year, and each succeeding year, for four (4) adaitional one
year periods. The contract amount agreed herein may be adjusted
annually in accordance with the percentage change in the Consumer
Price Index (CPI) for Wage Earners and Clericali Workers in the
Miami, Florida area index, and shall be based upon the annual
average CPI computation from January 1 through December 31 of the
previous year.
3.13 CANCELLATION
a) The County may cancel this contract for cause with seven (7)
days notice to the Contractor. Cause shall constitute a
breach of the obligations of the Contractor to perform the
services enumerated as the Contractor's obligations under this
contract.
b) Either of the parties hereto may cancel this agreement without
cause by giving the other party sixty (60) days written notice
of its intention to do so.
3.14 FUNDING AVAILABILITY
Notwithstanding anything contained elsewhere in this contract, if
funds for Facilities Maintenance Detention Facilities Contractual
Services are partially reduced or cannot be obtained or cannot be
continued at a level sufficient to allow for the purchase of the
services/goods specified herein, this agreement may then be
terminated immediately at the option of the OWNER by written
notice of termination delivered in person or by mail to the
CONTRACTOR. The OWNER shall not be obligated to pay for any
services provided or any equipment purchased by the CONTRACTOR
after the CONTRACTOR has received written notice of termination.
3.15
PROFESSIONAL RESPONSIBILITY
The CONTRACTOR warrants that it is authorized by law to engage in
the performance of the activities encompassed by the project
herein described. The Contractor shall at all times exercise
independent, professional judgment and shall assume professional
responsibility for the services to be provided. Continued funding
by the OWNER is contingent upon retention of appropriate local,
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state, and/or
CONTRACTOR.
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3.16
NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the
other party by certified mail, returned receipt requested, to the
following:
FOR OWNER:
FOR CONTRACTOR:
Monroe County Public Works
Facilities Maintenance Dept.
3583 So. Roosevelt Blvd.
Key West, Florida 33040
Attn: Director of~Facilities Maint.
Landis & Staefa, Inc.
10111 Business Drive
Marama~, FL 33025
3.17 PAYMENT
a) The OWNER shall pay to the CONTRACTOR for the perjormance of
said services on a per quarterly, in arrears be sis on or
before the 1st day of the following month in each three (3)
month periods. The CONTRACTOR shall invoice the OWNER
quarterly for the maintenance and testing performed under the
Contract Documents contained herein. The Contrdct amount
shall be as stated by the CONTRACTORS proposal a3 follows:
Sixty Six Thousand Three Hundred Fi fty Six Dollars and No
Cents ($66,356.00) per year, to be paid Sixteen Thousand Five
Hundred Eighty Nine pollars and No Cents ($16,5:39.00) per
quarter.
b) Travel Expenses - The -.OWNER shall compensate the CONTRACTOR
for travel and per diem expenses for emergency service at the
rates established by Florida Law (Florida Statue 112.061) and
County Administrative Instruction #1003.5, attached hereto and
incorporated as part of this contract document. The
CONTRACTOR must receive approval from the OWNER for the
CONTRACTOR to be compensated for travel expenses. Approval
from the OWNER must be received by the CONTRACTOR prior to the
travel taking place.
c)
The Owner shall compensate the
services performed under Article
follows:
Contractor for additional
2.13 of this agreement, as
1) The actual cost of parts and materials purchased from the
manufacturer plus 30%. Manufacturer's Invoice must
accompany all requests for payment for any part which
exceeds $100.00, and may be requested at the discretion
of the Owner for any part, regardless of the cost.
2) The cost of labor and equipment used by the Contractor to
compensate the Contractor for additionaJ services
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performed under Article 2.13 of this agreement. The
labor and equipment costs will be calculated using the
unit prices set forth in the Contractor's bid as follows:
a) Labor normal working hours of 8: 00 a. 1.1. to 5: 00
p.m., Monday through Friday, excluding holidays _
$80.00 per hour.
b) Labor - overtime rate, other than the nornal working
hours, including weekends and holidays _
$120.00 per hour.
3.18 GENERAL
a) The duties and obligations imposed by these Ge~eral Conditions
and the rights and remedies available hereunder to the parties
hereto, and,' in particular bu t wi thout 1 imi ta tion, the
warranties, guarantees and obligations imposed upon CONTRACTOR
and all of the rights and remedi~s available to OWNER
thereunder, are in addition to , and are not to be construed
in any way as a limitation of, any rights and remedies avail-
able to either or both of them which are otherwise imposed or
available by Laws or Regulations, by special warranty or
guarantee or by other provisions of the Contract Documents,
and the provisions of this paragraph will be as effective as
if repeated specifically in the Contract Documents in connec-
tion with each particular duty, obligation, right and remedy
to which they apply. All representations, warranties and
guarantees made in the Contract Documents will survive final
payment and terminatiqn or completion of the Agreement.
b) No provision of this agreement or the duty or obligation to
perform any act requiced by this Agreement shall be deemed
wai ved by the waiver of any particular act or occurrence of
breach.
c) This writing constitutes the entire expression of the parties
agreement and may not be contradicted, modified, explained or
supplemented by any prior written agreement or oral agreement
or any other prior written or oral communication.
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In witness whereof, the parties hereto have executed this agree-
ment the day and year first above written,
Attest: DANNY L. KOLHf..GE;r<,,":C--J..,~rk
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COUNTY OF MONROE, STATE OF
FLORIDA
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Attest:
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(CONTRACTOR NAME)
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1/ WITNESS
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Byl~kD~
Contractor Rep.
D:srr,t::."I (1~/\ i"A3 e.r
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WIT ESS
Corporate seal if corporation:
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