Item C07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17. 18.2002
Division:
Public Works
Bulk Item: Yes X
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 the Courthouse Annex
fire alarm system.
ITEM BACKGROUND: On May 31, 2002, our current contract with Siemens Building Technologies
will expire. In accordance with Section III, Article 3.12 of the original agreement dated May 13, 1998,
the County exercises its final option to renew the contract for an additional one-year period.
PREVIOUS REVELANT BOCC ACTION: On May 13, 1998 the BOCC granted approval of a
contract with Siemens Building Technologies, Inc. (f/k/a Landis & Staefa, Inc.), and approved annual
contract renewals on April 14, 1999, April 19, 2000, and April 18, 2001.
CONTRACT/AGREEMENT CHANGES: Increasing contract by the CPI-U of 1.1%, from
$68,678.46 per year to $69,433.92 per year.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $69.433.92
BUDGETEI): Yes -X- No
Account #101-20505-530-340
COST TO COUNTY: $69.433.92
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing -X-
Risk Management J_
APPROVED BY:
ITEM PREPARED BY:
W. King, Acting Sr. Director, Lower Keys Operations
/~~
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included
x
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM #-0/
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Siemens Bldg Tech
Contract #
Effective Date:
Expiration Date:
06/01/02
05/31/03
Contract Manager: Ann Mytnik
(Name)
4431
(Ext.)
Facilities Maint/Sto #4
(Department/Stop #)
for BOCC meetin on
04/17/02
A enda Deadline: 04/03/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 69,433.92
Budgeted? YesC8l No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 23,144.64
101-20505-530-340-
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, ianitorial, salaries, etc,)
CONTRACT REVIEW
Changes
Date In Needed ~ 0 Jteviewer 12.. /J
Division Director t.{ - '3 ...o'2-V esD No~ . r ~/ OC
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Risk Management Yes~D (II, (^\(~"Ox.~d!o
O.M.B./Purchasing ~31 D).. Y esD NO~ '
County Attorney 31d.2"/O~
Date Out
OMB Form Revised 2/27/01 MCP #2
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RENEWAL 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.)
THIS RENEWAL AGREEMENT is made and entered into this 17th day of April, 2002, between
the COUNTY OF MONROE and SIEMENS BUILDING TECHNOLOGIES, INC. fJk/a/ Landis
& Staefa, Inc. in order to renew the original agreement between the parties dated May 13, 1998,
as renewed on April 14, 1999, April 19, 2000, and April 18, 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
final option to renew that Agreement for an additional one-year period.
2. Payment by the County to Siemens Building Technologies, Inc, for the services provided
increases by 1.1% (last available CPI-U) from $17,169.62 to $17,358.48 quarterly, and
from $68,678.46 to $69,433.92 per year.
3. The term of the renewed agreement will commence on June 1, 2002, and terminate on
May 31,2003,
4, In all other respects of the May 13, 1998 original agreement, as renewed on April 14,
1999, April 19, 2000, and April 18, 2001, 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,
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
SIEMENS BUILDING 1ECHNOLOGIES, INC.
Witness
By:
Witness
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(('i... RENEWAL AGREEMENT
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(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, f/kJaI Landis
& Staefa, Inc. in order to renew the original agreement between the parties dated May 13, 1998,
as renewed on April 14, 1999, and April 19, 200(11, (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 consumers (CPI-V) for the
most recent 12 month available.
3, Payment by the County to Siemens Building Technologies, Inc, for the services provided
increases by 3.5% (last available CPI-V) from $16,589,00 to $17,169,62 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.
SS THEREOF, parties har:e hereunto set their hands and seal, the day and year first
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~OARD OF COUNTY COMMISSIONERS
F MONROE COUNTY, FLORIDA
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SIEMENS BUILDING TECHNOLOGIES, INC,
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RENEWAL AGREEMENT
(Certification, Maintenance, and Tcsting Servicc Agreemcnt for the following: 1) Detcntion Facility Fire
Alarm Systcm, Building Automation Systcm & Smoke Control Systcm; 2) Shcrifrs Administration .
Building Firc Alarm Systcm and Building Automation Systcm; and, 3) Courthousc Annex Firc Alarm
Systcm in Monroe County Florida,)
THIS RENEWAL AGREEMENT is made and entered into this 19th day of April,
2000, between the COUNTY OF MONROE and SIEMENS BUILDING
TECHNOLOGIES, INC. f/k/a Landis & Staefa, Inc. in order to renew the original
agreement between the parties dated May 13, 1998, as renewed on April 14, 1999 (a copy
of which is incorporated hereto by reference) ; as follows:
j, In accordance with Section Three 3.12 of the May 131h, 1995 agreement, the
County exercises its option to renew that Agreement for an additional year.
2. Payment by the County to Siemens l3uildingTechnologies, Inc. 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 set their hands and seal, the day and
]r t written above.
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BOARD OF COUNTY COMMISSIONERS OF MONROE
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RENEW AL AGREEMENT
(Cl'11 II-Icallon, Mallltcnancc. and Testing Service Agreemcnl for lhc following: I) Detention ""cility Fire
A 1;11111 S\'Slt'm. Building Alllomalion Syslem & Smokc Conlrol Syslem; 2) Sheriff's Adminl\lra(iOl~
Bllilding Fill' Alarm Syslcm and Building AUlomalion System; and, 3) Courthouse Annex FII'(' Alarm
S\'sll'm III Monroc Coullly Florida.)
TIllS RI':NI:W AL AGREEMENT I" made and entered into this 14 th day or April,
I \)\)q. bl'lwCCnlhe COUNTY Or- MONROE and SIEMENS BUILDING
TITIINOLOGIES,INC, fjkJa Landis & Staera, Inc. in order to renew the original
agreemenl hetween the parties dated May 13, 1998 as follows:
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111 accordance with Section Three 3,12 orthe May 131h, 1998 agreemclH, lhe
('nunl)' exercises its option to renew that Agreement for an additional year.
Payment by the County to Siemens BuildingTechnologies, Inc, for the services
provided remains at $66,356.00 per year.
The tenn or the renewed agreement will commence on June 1, 1999 and tenninate
on May 31, 2000.
In all other respects, including the amount of compensation due to Siell)cns
Building Technologies, Inc. the May 13, 1998 original agreement between the
parties remains in full force and effect.
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4~)-} 1V!TNE~S THE ".".:.~r,~~~ ::' have hereunto set their hands and seal, the duy and
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SECTION 'l'HHEE
CONTHAC'l' AGHEEMEN'I'
'fhis agreement, m,,,i,, and entered into this 13 day of May, 1998,
A.D., by and belween Mon,'oe County, Florida, party of the first
part (hereinafter some0'i les called the "Owner"), and Landis &
Staefa, Inc., parly of the second parl(hereinafLer somelimes
call e d the " Co n t I-a c tor" ,
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\^l 1 TNESSED:
hc?rei na f ler
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pcl1(I0.S llel-clo, [or the
mutua 11 y agree as follows:
consideration
3.01
SCOPE OF WORK
Tile Contractor shall r",'nish all labor, materi'~ls, eguipm.'nt,
machinery, touh,ilPPdriJlUS, and transportation and perform all 01
thi) \..'orL d()~;crjJ)()d in tlw Sp(!cificatjon c-'ntjtJ("(j:
CeRYl F 1 CAT] UN, HAJ NTENANCE, AND TEST] NG SEHV ICE AGHEE/'WIIlT
DE1'ENTION FACILITY
fire Alarm System
Building Automation System
Smoke Control System
SH[H] IT' S ADMINISTRATION BUILDING
Fire Alarm System
Building Automation System
C'OUH'l'HOUSE ANNEX
fire Alarm System
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.
HONHOI:: COUNTY, KEY WEST, FLORIDA
3.02 THE CONTRACT DOCUMENTS
a) The Contract Documents consist of this Contract Agreement, the
Regues t [or Bid~5 , t he Spec if i ca ti on Package, the 1 n~5Ur-
ance/Jndemni ficaljull/Hold Hannless Documents, the Non-COllu-
sion AffidaVit, tile Drug-Free \10rk Place Form, and the Ethjcy:
Clause. 'rhe"e form Ilw Contract, and all are as tully a part
of tile Contract (3:; j j attached to this Agreement or r(~peatc::d
herein.
b)
In cases of
in l\rticJe
dence shalJ
conll iet wi,thin the described Contract
] of. thj~., Form of Agreement, the order
be as follows:
DOcuments
of prece-
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2. Specification Package
j, Hequests for Bids
4. InsurancelIndemnification/HOld Harmless Documents
S. Non-Collusion Affidavit
6, Drug Free Workplace Form
7. Ethics Clause
3.03
ASSURANCE AGAINST DISCH1MINA1'ION
The CONTHAC'l'OH shall not disCTiminate against any person on the
basjs of race, creed, color, naUona] origjn, sex, age, or any
other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or ,any other area
affc?cting employment under this agn~eIllcnl c?r with the provision of
s('rvic(~~) or goods .undc'l this agrec'llwnl.
3.04 ASSIGNI"JENT
a) The CON'l'HACTOH shall not assign this agreement, except in
\-niting and wi th the prior hTri Uen appl~oval of the 0\1NER and
CONTHAC'l'OH, hThich approval shall be subject to such conditions
and provisions 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 thi.s agreement, Unless expressly provided for
therein, such approval shall in no manner or event be deemed
to impose any obI igation upon the OWNER in addi tion to the
total agreed--upon price of the services/goods of the CONTHAC-
Ton, ,
b) CONTRACTOR sha 11 not employ any Subcontractor, Suppl ier or
other person or organization, whether initially or as a
substitute, against whom 0\1NEI~ nlay have reasonable objection.
CONTRACTOR shall not be l:eguired to employ any Subcontractor,
Supplier or other person or organization to furnish to perform
any 0 f the vJork aga ins t whom CONTRACTOR has reasonable
objection.
3.05
COMPLIANCE WITH LAW
In prOviding aJ.] services/goods pursuant to this agreement, the
CONT)V~CTOH shall abide by aJ.] statutes, ordinances, rules and
regulation~3 pertaininy to, or regulating the provisions of, such
services, inClUding U10S() nOhT in effect and hereinafter adopted.
1'.ny violation of said statutes, ordinances, rules and regulations
shall constitute a Illdterial breach of this agreement and shall
entj tle the OlrJNEH to tenninate this contract immediately Upon
delivery of written notice of tel~mination to the CON'I'HACTOH.
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J ,06 LABOR, MATER I ALS ANt) EQU I PMENT:
a) CONTHACTOJ{ Shall provide' competent, suitably qualified
personnel to I)(~I-form the Work as n~quired by L1w Contract
Documents. CONTHACTOH shall at all times maintain good disci-
pline and order at the facility.
h) All materials and equipment shall be of good quality and new,
except as otherwis(~ provided in th(o Contract Documents. If
requiH'd hy the O\..JNER, CONTRACTOR shall fur.ni~3h satisfactory
evidence (including reports of required tests) as to the kind
and qual ity of materials and equipment. Original invoices
will be submitted to the OWNER for reimbursement. All
materials and equipment shall be applied, inst,alled, connect-
ed, <:>rcct.cd, used, cleaned and conditioned in 'acconidnc(> v.'ith
t.h0. instrllct.i(~ns of the> applicahle Supplier except a~; other
",'i ~)(! pJ ov I d<!d i Il t.he~ COllt J"act [)O<:llI\H.~nts"
c) The OVJNU< 1 S Lax ex~mpt and reserves. t.he right to purchase
directly various materials and equipment. that may be a part. of
the CONTHf\CT. If the Oh1NEH elects to make a particular
purchas(-~, the Director of Faciliti.es Ivlaintenance, Public \-Jorks
Division, Hi 11 act as a purchasing agent for the OWNER, The
O\-JNER will, via a Purchase Contract, purchase the materials
and equ i pmen t, a nd the Con tractor s ha 11 ass is t the Director
of Facilities Maintenance, Public Works Division in the
preparation of these Purchase Contracts.
d)
Independent Contractor Status and
,
Immigration H(~fonn and Control Act of
Compliance
1986.
vI i t h
the
At all times and [or all purposes under this agl~eemenl the
CONTRACTOH is an independent contractor and not an employee of
the O\rJNER, No s ta tement 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 V.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 irnme'diate
termination of the contract.
e) The O\-noJEH designates thc' Director of Facilitie~:; l"Jaintenance,
Pub lie \-J () r bj D i v j s ion , to fun c l i. 0 n a s Con t r act 1"J a nag c r, vI 110
shal 1 be r(~~:;ponsible for enforcing performance of the Contract
t c nil ~3 and con d i t ion s , s e r v e as 1 i a is 0 n wit h the con t r act 0 r ,
and approve.' all inVOices prior to payment,
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3.07 SAFETY AND PR01'ECTION
a )
CONTHACTOR s/1dl/ be n-~sponsible for initiating,
and supervisinq all safety precdut.ions and
conn(~cti on wit h the Work, CON'l'HACTOR s ha 11 ta ke
precautions for Lhe safety of, and shall provide
protection to prevent damage, injury or loss to:
maintaining
programs in
all necessary
the necessary
1 ) a 11 employees on till' Work and other persons and
onlnn i zat ions \.J110 may b(' a f feeLed thereby;
2) all the \rJork and materials and equipment to be
incorporated therein, whether in storage on or
0(( the site; and
3) other property at the site or cJdjacent th~reto, including
trees, shrubs, ]cJ\.Jns, wal};s, pavements, roadyJays,
st.ructures, ut.ilit.ic.~s and underground facilities not
dc>siqndted lor )~(~1I1()\ldl, rc'locat ion or rC'l,lacPTllc>nl in t hC'
C () lJ ).:; C' () f C () n s t r u C t ion.
b) CONTRACTOR shall comply \",ith all applicable Laws and
Hegu)at.ions of any public body having jurisdiction (or the
sa[eLy of persons or property or to protect them (rom damage,
injury or loss; and shall erect and maintain all necessary
safeguards [or such safet.y and protection.
c) The CONTRACTOR shall notify owners of adjacent property and of
underground facilities and utility owners when prosecution of
the \-vork may affect them, and shall cooperate \'Jith them in the
protecti on, removal, relocation and replacement of their
property, AU damage, injury or loss to any property,~
directly or indirectly, in whole or in part, by CONTRACTOR,
any subcontractor, supplier 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 o( 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
D1ERGENCIES
In emergcncie~5 affecting the safety or protection of persons or
the Work or property at the site or adjacent thereto, CONTRACTOR,
\.Jithout spc~cial jn~5truction or authorization [rom O\'JNER, is obli-
gated to act to prevc~nt threatened damage, injury or loss. CON-
THACTOn shall give O\-vNER prompt written notice if CON'l'I<.ACTOH
believes that any significant changes in the \~ork or variations
[rom the Contract Documents have been caused thereby,
3.09 SUSPENS ION OF WORK AND 'rERMINATION
a) O\rJNEH may terminate upon the occun.-ence of anyone or
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I) if CONTRM:1'OR Comrn(~nc('S 0 voluntary case und(~I~ any
chdpter of the Bankruptcy Code (Title 11, Unit.ed States
Code), as now 01- hel~<?aftc)r in effect, 01- if CON'J'RAC'l'OR
takes any equivalent or s imi lar action by f i 1 i ng a peti-
t.ion or otherwise und(,'r any other federal or st.ate 1 a \0,1 in
effect at. such t.im(' n~lat.ing to the bankruptcy or
insolvency;
2) if d !WLilJon J~l Illpd ol(Jdil1Sl. CON1'HAC'J'OI\ ulld('!J" any
chdpt ('J of l.he BankJ ujJtcy Co,le 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
CONTI<ACTOI< under any oLher [(>deral or state la\oJ in effect
at Uw t.im(~ relat.ing to hanJ,ruptcy or insolv<:=>ncy;
3) i f C()I~THM"T()H mnk('~"; .1 'J"l1"l",-ll ass i gnmC>l1t for t 11f' bc'nef i l
o fer c~ d i lor ~3 ;
4) if a truste<:=>, receiver, cust.odian, or agent of CONTRACTOR
is appointed under applicable law or under contract,
whose appointmc~nt. or authority to take charge of property
of CONTRACTOR is [or the purpose of enforcing a lien
against such prop<:=>rty or for the purpose of general
administration of such property for the benefit of
Contractor's creditors;
5) if CON1'RACTOH admits in "Jriting an i.nability to pay its
debts ge>n<:=>rally <,\s they I)(~come due;
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G) if CONTHAC'J'OH persistenLJy fails to perform the \-vork in
accordance wi th the Contract Documents (including, but
not limited to, failure to supply sufficient skilled
workers or suitable mat<:=>rials or equipment);
7) if CONTRACTOR disregards Laws or Regulations of any
public body having jurisdiction;
8) if CONTRACTOR disregards the authbrity of OWNER; or
9) if CONTRACTOR otherwise violates in any substantial way
any proviSions of the Contract Documents.
b) OhlNEH may, after giving CON'J'Hl\CTOH (and the surety, if there
be one) seven days' writt.en notice and to the extent permitted
by La\oJs and Hegulat.ion, terminate the services of CON'l'HAC'l'OH,
exclude CON'J'HACTOH from the site and take possession of the
Work and 0 fall Con tr.actor I S too 1 s, appl iance, and mach i nery
at the site and use the same to the full extent they could be
used by CON'J'HAC'l'OH (without liability to the CONTRACTOR for
trespass or conversion), incorporate in the Work all materials
and equipment St.ol~ed at the sd_0. or for which OvlNEH has paid
CON'l'HAC'l'On but "Jhich an~ stored elsewhere/ and finish the v~ork
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d:-' Oh'NEH III.\Y d00m exr(~d j elllt . In sllch C.}~;l' CON'I'H^C'I'OH shall
not b(~ (-~nlillC'o \'0 rer:(~iv(~ any furl.lH'1" payment until thl' \.vark
is finished. If the unpaid bd}dnC(' of the Contl"dcl Pt-ice
exr:(~('ds tll<' <iii-eeL, indirect dnd consequenLidl costs of
complctinq tlw Work (incluctinq but not ,limited to fees and
charges of engineers, archit.ects, attorneys and other
professionals and courl costs) such excess will be paid to
CONTHACTOH. 1 f such cas ts exceed such unpaid ba lance,
CONTHACTOH shall pay the di fference to O\'I'NER.
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c) i,nl(llC' Contracl.or's serVIC<.'S have hpen so tenninatcd by OWNEH,
th<? termination will not aff(~ct dny rights OJ remedies of
O\oJN[H againsl CON'l'HACTOH then exisUng or which may thereafter
accrue, Any retention or payment of moneys due CONTRACTOR by
ovmFH will not release CONTRACTOR from liabilit,Y.
d) Upon ~)(>ven day~~' \oJritten notice to CONTI\ACTOR, OVJNI::H may,
\...jt.holJl CdIJSe~ o!lej \oJjtl1oul prejudiCe.' t.O dny 0111<.0'1" riqh1 or
I" (>nlcdy, eject to abondon the v,lork dnc! \.('nninate the A<jrecl11C'nl..
]]1 such case, CONTH^.CTOH shall be paid 10r all "'lark execut.ed
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
lo, fees and charges 0 f eng i nee rs, arch i tects, 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 OWNEH or under
a nor d (~r 0 f co u r tor ~ the r pub li c aut h 0 r i I. y, 0 r 0 vJN E R [ ail s I. 0
acL on any Appl j cation f or Payment Hi thin thirty (30) days
after it is sUbmi.tted, or OWN[H fails to pay CONTH.ACTOH any
s u III fi n a 11 y d <? I. e r m i n e d I. 0 be due yJ i t h in I. h i r I. y (3 0 ) days aft e r
it is d<?termined to be due, then CONTRACTOR may f upon ninety
days' wr i t ten notice to O\-vNER, terminate the Agreement and
recover from OWNER payment for all Work executed and any
expense sustained plus reasonable termination expenses. In
addi tion and in lieu of terminating the Agreement f if O\'lNER
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
^lJ claim~;, disputes and other matters in question b<?tween O'dNEH
and CONTHAC'1'OH ar is i n~~ Oll t 0 f, or re la t i ng to the Con tract Docu-
ments or the breclch th<?r<?of (except for claims which have been
\-Jaived by the nwking or acceptance of final payment.) will be
decid(~d by a Court of Law in t.he County of l'1onr00 in the State of
Florida. All procedur<?s shall be subject to all the standard
practices of civj 1 proceedings of the State of Florida. The
,CONTHI\CTOH shall can-yon the 'dork in accordance wi th the contract
.1-<.
. ~'dn'~llm~ntR and wi tho~i;!. d~ lay dll r i nq d i Rpllt~, an~(~ i 'aqreementR
L he O\..JNEH,
\-Jith
3 . 11
TERM OF CONTRACT
This CONTHACT shall be for a tw(dve (12) month period beginning on
June 1, 1998 and terminating on May 31, 1999. The CONTRACT term
shall be renewable in accOr.dance with Article 3,12,
3.12
RENEWAL
'l'IH~ OVn'lEH sl1Ll11 hLlvc the option t.o renew this aqrccmQnt after the
first year, and each Succeedi ng year, [or four (4) addi tional one
year periods. The contract amount agreed herein may be adjusted
annually in accordance with the percentage change in the Consumer
Price ] nckx (CPI) for Wage Earners and Clerical i Workers in the
Miami, Flol-jda area index, and shall be based upon the annual
dV())"aq(' ('PI cornputat ion from J<:lnlJary 1 through I)('cem/)pr 31 of the
pr()\, i OIJ:, YCd r _
3.13 CANCELLATION
a ) T l)(~ Co U 11 t Y may can c elL h j s con L r act [ 0 r c a use wit h s eve n (7)
days notice to the Contractor. Cause shall constitute a
breach o[ 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 (GO) days written notice
of its intention to do so,
3.14
FUNDING AVAILABILITY
Notwithstanding anything contained elsewhere in this contract, if
funds for Facilities Maint~nance 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
serv ices pro v ided or any equ ipment purchased by the CONTRACTOR
after the CONTHACTOR has received written notice of termination.
3.15
PROFESSIONAL RESPONSIBILITY
The CONTRACTOH \oJil n:a nts t ha t j l is author i zed by lavJ to engdge in
the per f Orilla nee 0 f the acti v i ties encompassed by the project
herein described, The Contractor shall at all times exercise
indep(~nd(~nt, professjonal judgment and shall assume professional
responsibjlity for the services to be provided. Continued funding
by t1w OvJNI~H j s con U ng(::n t upon reten t i on 0 f appropr ia te loca I,
1-7
'stal.(?, and/or
CONTHACTOI{,
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3 . 16
NOTICE REQUIREMENT
Any notice required or permit.ted under this agreement shall be in
\-Jriting and hand del ivered 0)" mai led, postage prepaid, to the
other party by certified mili I, n:~turned receipt requested, to the
following:
FOH Oh1NEH:
FOH CONTHACTOH:
Monroe County Public Works
Facilities Maintenance Dept,
3583 So. Roosevelt Blvd,
Key West, Florida 33040
At t n: 0 ire c tor 0 f 'F a c j 1 j \ ] e~:; 1'1 din t .
Landis & Staefa, Inc.
10111 Business Drive
Marama~, FL 33025
3. ] 7 PAYMENT
a) The OvJNER shal 1 pay to the CONTRACTOR for the performance of
sa ids e r v j c e Son ape r q u () r t e r 1 y , i n a r rea l~ s bas i Son 0 r
befon~ 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 Contract amount
shall be as stated by the CONTRACTORS proposal as follows:
Sixty Six Thousand Three Hundred Fifty Six Dollars and No
Cents ($66,356,00) per year, to be paid Sixteen Thousand Five
Hundred Eighty Nine pollars and No Cents ($16,589.00) per
quarter.
b) Travel Expenses The OvJNEI'\ 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
2.13 of this
for additional
agreement, as
]) The actual cost of parts and materials purchased from.-.tb51
Dl.ilJ.l!1Jils~t:U)~gr plus 30%. 1'1anufacturer's Invoice must
dcCOrnpany all requests for payment for any part which
exceeds ~;] 00.00, and may be requested at the discretion
of the Oymcr for any part, regardless of the cost.
2 )
'I'll C.? cos t 0 f
comp('~nsa \.(~
labor and equipment used by the Contractor to
t he Con t.ractor for addi Li ona 1 serv ices
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p0.rformed IIndl'l- ^lti,.jl' /.,1.\ of this aqr-0.ement. 'l'h(~
Ir\\)ol' and eqllipn1('_>nt (:l)st~ ,,,'ill lH~ calcul.al(-!d using the
unit prices seL forth in the Contractor's bid as follows:
d) Labol" nOnnd]
p.m., Monday through
$80,00 per hour,
wo,-king hours of B:OO 0.01,
Friday, excluding holidays _
to
5:00
b) Labor - overtim(' '~ate, othor than the normal working
hours, includinq w<'l'k<'nds and hol idays
$120.00 per hour.
3 . 18 GENERAL
a) The duties and obligations imposed by these Gel7eral Conditions
and the rights and rem('di(~s available hereunder to the parties
hereto, and,' in part iClllar but \.JithouL limitation, 1:.h0-
v.'<HTdnLies, qua)"dlltp(-'S dlld obl iqi1t jons imposed upon CON1'HAC'J'OH
and all of the '-ighl.:, and n~mcdi~s available to O\-JNEH
thereunder, are in addi tion 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 La\oJs or Regulations, by special warranty or
guarantee or by other prov i s ions of the Contract Documents f
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. ^ll 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
perform any act required by this Agreement
waived by the \rJaiver of any particular act
breach.
or obligation to
shall be deemed
or occurrence of
c) This writing constitutes the ~ntire 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 wit.n('~;s \.JIlI'lt'ol, II)\., parl.ll~~ !ll'n'to hdV(~ C'xPctlt(-~d thIs aqJ:(~(~
ment the' dill' rind year first. above written,
At tes l.: DANNY I., K()LIl^Gt~.,'C.l e r k
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COUNTY OF MONHOE, STAT[ OF
FLORIDA
Attest:
--".~.y
~-
(CONTRACTOH NAME)
-.f):'''4,CL 1L'-..'-1.L u .i/'.
. / H 1 'l'NI~SS
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l3yl~JkD ~
Con ll~actor H.~p.
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L t1 rJ(/: <; ~ )'Ii\e.( /' I'~'C'
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VJ] rl~{~
Corporate seal if corporation:
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