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Item F15BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17, 2010 Division: Public Works Bulk Item: Yes X No _ Department: Facilities Maintenance Staff Contact Person: John W. King, 292-4431 AGENDA ITEM WORDING: Approval to amend and exercise the second option to renew the contract with Mowrey Elevator Service, Inc. doing business as Oracle Elevator Company of Florida for complete elevator service maintenance for Monroe County. ITEM BACKGROUND: The contract provides for two renewal options and in accordance with Item 5, the contract, as amended, the parties want to exercise the second option to renew; the Big Pine Fire Station was recently completed and turned over to the County, and that building has an elevator that needs to be added to the contract. Also, the Key West International Airport has requested to have their elevators removed from the contract. PREVIOUS RELEVANT BOCC ACTION: On January 16, 2008, the BOCC approved award of bid and execution of a contract with Mowrey Elevator Service, DBA Oracle Elevator Company of Florida for complete elevator service. On November 28, 2008, the BOCC approved amending and renewing the contract for the first two-year option. CONTRACT/AGREEMENT CHANGES: Add the annual CPI-U increase of 2.7% to the contract amounts as follows: monthly elevator amount from $91.70 to $94.18 and elevators at $150.15 to $154.20; annual inspections from $208.41 to $214.04; labor during regular working hours from $141.72 to $145.55; and OT from $240.92 to $247.43; one elevator is added to the contract, and the Key West Airport's elevators deleted. STAFF RECOMMENDATIONS: Approval TOTAL COST: $50 247.43/annual service maint INDIRECT COSTS_ BUDGETED:Yes X No -- Plus inspections of $8,561.41 and repairs DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $ same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X OUNT PER MONTH Year $ APPROVED BY: County Attfded /Purchasing Risk Management DOCUMENTATION: Incl X Not Required DISPOSITION: AGENDA ITEM # M E M O R A N D U M DATE: October 25, 2010 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item — November 17, 2010 BOCC Meeting Amend and Final Renewal of Contract with Mowrey Elevator Service, Inc. d/b/a Oracle Elevator Company of Florida for Complete Elevator Service Maintenance, Monroe County The contract provides for two renewal options and in accordance with Item 5, the contractor, as amended, the parties want to exercise the second option to renew; the Big Pine Fire Station recently completed and turned over to the County, has an elevator that needs to be added to the contract. Also, the Key West International Airport has requested to have their elevators removed from the contract. Contract changes include the addition of one elevator to the contract, and the deletion of the Key West Airport's elevators; the annual CPI-U increase of 2.7% to the contract amounts as follows: monthly elevator amount from $91.70 to $94.18 and elevators at $150.15 to $154.20; annual inspections from $208.41 to $214.04; labor during regular working hours from $141.72 to $145.55; and OT from $240.92 to $247.43. I hereby request approval to amend and exercise the second and final option to renew the contract with Mowrey Elevator Service, Inc., doing business as Oracle Elevator Company of Florida for complete elevator service maintenance for Monroe County. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Mowrey Elevator Service, Contract # Inc., d/b/a Oracle Elevator Company of Florida Effective Date: 11/29/10 Expiration Date: 11/28/12 Contract Purpose/Description: Amend and renew contract for complete elevator service maintenance for Monroe County, Florida Contract Manager: Jo B. Walters for BOCC (Name) on 11/17/10 4549 Facilities Maint/Stop 41 (Ext.) (Department/Stop #) Benda Deadline: 11/02/10 CONTRACT COSTS Total Dollar Value of Contract: $50,247.43 maint Current Year Portion: $ Repairs: Reg $145.55/hour; OT $8,561.41 insp + $247,43/hour; Parts:Cost+30% repairs Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-_ Grant: $ N/A 001-20505-530-340- County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: Not included in dollar value above e . maintenance, utilities, janitorial 41, 8 73+repairs+ $6,849.13 insp. etc. CONTRACT REVIEW Changes Date Out Division Director D ten 2 10 Needed _ Reviewer Yes[:] No ;( 2- Risk Manage ent I aA 0 Yes❑ No 0-J(Y - O.M.B./Pure ing 1�_W to Yes❑ No ( C) County Attorney �� `'� Yes[:] No5;&? ( ,� Co ents: t OMB norm Revised 2/27/01 MCP #2 AMENDMENT AND SECOND RENE'�VAL AGREEMENT COMPLETE ELEVATOR SERVICE MAINTENANCE THIS SECOND RENEWAL AGREEMENT is made and entered into this daN of° _ 2010, between MONROE COUNTY (hereinafter "Count" or "Owner'), a political subdivision of the State of' Florida. whose address is 1100 Simonton Street, Key West, Florida 33040, and MOWREY ELEVATOR SERVICE, INC., a Florida corporation, %hose address is 2315 Stirling Road. Fort Lauderdale. Florida 33313. D'13 A ORACLE ELEVATOR COMPANYOF FLORIDA (hereinafter "Contractor') . WHEREAS, the parties hereto did on January 16, 2008 enter into an agreement for complete elevator service maintenance (hereinafter "Ori,6nal Agreement-): and WHEREAS, both parties hereto did on November 28, 2008 amend and renew the Original Agreement; and WHEREAS, both parties desire to amend Paragraph 2 G adding a new elevator location at the Big Pine Fire Station 41 3, and deleting the three (3) elevators at the Key West International Airport, and WHEREAS, both parties desire to amend Paragraph 3A. THE CONTRACT SUM, to add the new elevator location and delete the Key West Airport elevators, and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and: WHEREAS, the parties find that it would be mutually beneficial to enter into this Second Renewal Agreement; NOW THEREFORE. IN CONSIDERATION of the mutual promises and covenants set forth bei(m, the parties agree as follows: Paragraph 2. SCOPE OF WORK, subsection G, Monroe Countv Elevators to be serviced, is amencied to read a,� followc- Serial Number Facility #t Location Address 1 Landings 3998 Monroe CotlntV Court House Annex 502 Whitehead St. Key West 4 37414 Monroe County Court House Annex 502 Whitehead St. Key West 4 ; i 37641 Plantation Key Courthouse US#IiHighpoint Road, Plantation Key 2 39503 J. Lancelot Lester Justice Building 1 530 Whitehead St, Kev West 3 j 40616 Plantation Key Ellis Building 88900 Overseas Hwy, Plantation Kev 2 46473 Marathon Government Center 2798 Overseas Hwy, Marathon 2 46502 Momae Countv CH Annex - t 502 Whitehead St. Key West 3 46899 Monroe Countv Detention Center 5510 College Road. Stock Island 3 46900 Monroe County Detention Center 5510 College Road, Stock Island 46945 Records Storage Facility 530 Whitehead St. Key West 3 i 47143 Monroe Countv Detention Center i 5510 College Road, Stock Island 47144 Monroe County Detention Center- 0 College Road_ Stock Island 47274 Monroe County Detention Center 1 5510 ColleLye Road, Stock: Island 2 47275 Monroe Countv Detention Center 5510 College Road_ Stock Island 47276 1 Monroe Count.' Detention Genter ! 5510 College Road. Stock Island 47834 Marathon Airport 1 9400 Overseas Highway, Marathon 50030 Sheriffs ,Administration Buiidin- � 5525 College Road, Stock Island � �I 1 50033 Sheriff s Administration Building ! 5525 College Road, Stock Island '�- 51768 Harvev Government Center 1200 1 ruman Avenue. Kev West ! 3 56110 Plantation Key Detention Facility Highpoint Road, Plantation Kev --------------------------- 56216 Key West Courthouse Dumbwaiter 500 Whitehead Street. Key West ; 56691 Monroe County Courthouse -500 Whitehead Street_ Ike\, West 4i 601230 ; Gato Building I I00 Simonton Street, Ke% West 61607 - Department of Juvenile Justice { 5525 College Road. Stool: Island 3 61608 Department of Juvenile Justice 5525 College Road, Stock Island 11 7402s Sheritts Aviation Hangar I0100 Overseas Hkry, Marathon I 8843 88433 i Freeman Justice 91 ( Freeman Justice -2 302 Fleming Street. Key West 302 Fleming Street_ Key West ., 88434 j Freeman Justice �3 302 Fleming Street. Key West j 88435 Freeman Justice f,4 302 Fleming Street, Kev West 3 88436 8843 7 Freeman Justice �5 Freeman Justice #6 302 Fleming Street, Key West 302 Fleming Street, Key kL-est 7 L 94425 Big Pine Key Park Community Bid, 31009 Atlantis, Big Pine Key 949_'7 MENelson Gov & Cultural Center 102050 Overseas Highway_ Key Largo 97137 Big Pine Key Fire Station #I3 390 Key Deer Blvd.. Big Pine Key �. Paragraph 3.A, CONTRACT SUM_ is amended to add a new elevator described above as follows: 3. THE CONTRACT SEEM The County shall pay to the Contractor for the performance of said service on a -per month in arrears" basis on or before the 30"' day of the following.; month in each of tweive months_ The Contractor shall invoice the County monthly for elevator service and maintenance performed under the Specification contained herein. A. The Contractor amount shall be as stated by the contractors bid (including annual CPI- U increases to date) as follows: Serial j Number ( Facility Landino Capacity Amount per s Lbs I Month 1 Amount per Inspection 3998 Monroe County Courthouse Annex 4 2500 594,18 S214,04 37410 Monroe County Courthouse .Annex 4 4000 i $94.18 S2I4.04 37641 Plantation Kev Courthouse 2 2500 $94.18 $214.04 39503 J. Lancelot Lester Justice Building 3 2000 1 S94.1 S $? }4 04 40616 Plantation Key Ellis Building 2100 $94.18 5214.44 46473 Marathon Government Center 2 3500 544.18 $214.04 46502 , Monroe County Courthouse Annex 3 i 400{) $94.1 R I 5214.04 46899 ` Monroe County Detention Center ; 3 4000 $94. i 8 $2 14.04 46900 Monroe County Detention Center ; 4000 594.18 5214.04 46945 4"? 143 Records Storage Facility Monroe County Detention Center ? ) 4000 594.18 2500 S44.I8 S2I4.04 5214.04 47144 Monroe County Detention Center l 2 2500 $94.18 $214.04 I 47274 I Monroe Count\, Detention Center _ ( 4000 5948 + .1 $214.04 4I - Monroe County Detention Center 1 R 2500 1 594.18 5214.04 i 47276 i 47834 Monroe County Detention Cotter Marathon Airport j i 2500 594.18 S21.04 2000 S9418 5214.04 A 50030 Sheriffs .Administration Buildut- 3 -I 3500 $94.18 5214,04 5003I Sheriffs Administration Building 3500 594.18 j S214.04 51768 I Harvey Govern Government Center i 3 I 4.1 'S00 $9R 1 5214 04 56110 l s6216 If Plantation key Detention Facility 2 750750 1 94.18 S'- 14Ji4 keyAVrct 1e 2- 56691 Monroe County Coulrthouse 594.18 1 S2 14.0 60239 Gato Building -100 S94.18 S214.04 61 fin^ Department or � _ f Juvenile Just;cc 45O1 j f $94.18 ( S? 14.04 61608 Department of.Juvenile Justice 4500 594.18 S214.04 74025 Sheriffs Aviation Hangar 2� (}O0 1594.1 k � S" 14,04 88432 Freeman Justice #1 3500 S154.20 S214.04 88411 Freeman Justice #2 3500 S154.20 $2114.04 i 88434 Freeman Justice 3 2 1 3500 S 154?0 S214.04 88435 Freeman Justice 44 ? 3500 1 $154?tl S 11.04 1 884,6 Freeman Justice #5 3500 S1 4?0 S2I4.04 i 1 88437 Freeman Justice #6 - ( _^ 3500 $ 154.20 1 S214.04 944-5 Big Pine Key Park Cott7munity B(d� I oo i SO4.18 S2I4.04 94927 MENelson Gov S Cultural Center 2 3000 5154.30 S214.04 97137 Bia Pine Key Fire Station #1? _ 2500 594.45 [ 5'14,04 �. In accordance with Paragraph 5 of the Original Atri-eement: a. The County exercises the second and final option to renew the Original Agreement. as renewed and amended. This term Nvill commence on November 29, 2010 and tenninate November 28.2012. b. The Contract amounts are being adjusted 2.7% in accordance with the percentage change in the U S. Department of Commerce Consumer Price Index (CPT-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous _year as follows: Elevator Monthly Amount from $91.70 to $94.18, elevators at SI50.15 will "o to $154.20. Inspection Amount from $20R.41 to S214.04, Labor during regular working hours from S141.72 to $145.55 and Emergency service calls from $240,92 to $247.43. 4. Except as set forth in paragraphs 1. 2, and , of this Second Renewal Agreement_ in all other respects, the tents and conditions set forth in the Original Agreement as renewed and amended remain in full force and effect. IN FITNESS FNHEREOF, the parties hereto have set their hands and seals the day and year first above written. ('SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANN)' L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson Witnesses for CONTRACTOR: MOWREY ELEA"ATOR SERVICE. INC., d/b;a ORACLE ELEVATOR COMPANY OF FLORIDA Sienature Date By Pr In am S»amrc bate _ M��F�i'OE COUNTY�TTOt� %J PR{(f3�jEll A/fit/' P Zt. A U U ISTANT CO TY ATTORNEY Bata E L 3- AMENDMENT and Is: RENEWAL AGREEMENT COMPLETE ELEVATOR SERVICE MAINTENANCE T$XS NDMENT AND 1ST RENEWAL AGREEMENT is made and entered into this --- day of , 2008, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision &' the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MOWREY ELEVATOR SERVICE, INC., a Florida corporation, whose address is 2315 Stirling Road, Fort Lauderdale, Florida 33313, DB/A ORACLE ELEVATOR COMPANY OF FLORIDA (hereinafter "Contractor")) . WHEREAS, the parties hereto did on January 16, 2008 enter into an agreement for complete elevator service maintenance (hereinafter "Original Agreement"); and WHEREAS, both parties desire to amend Paragraph 1 to clarify language in the Agreement; and WHEREAS, both parties desire to amend Paragraph 2, G. (a) to add new elevator locations; and (b) to add a new subsection "H"; and WHEREAS, both parties desire to amend Paragraph 3, THE CONTRACT SUM, to (a) define Item "A" and (b) add new elevator locations; and WHEREAS, both parties desire to amend Paragraph 5, TERM OF AGREEMENT, second paragraph to increase the term of the renewal options; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this Amendment and I" Renewal Agreement; now therefore NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: Paragraph 1 of the Original Agreement is amended to read as follows: "The Agreement consists of this document, the bid documents and the attached exhibits only." 2. (a) Paragraph 2, SCOPE OF WORK, subsection G, Monroe County Elevators to be serviced, is amended to add service at new locations (or soon to be completed facilities), as follows: Serial # Facility Address # Landings 3998 Monroe County Courthouse Annex 502 Whitehead Street, Key West 4 37419 Monroe County Courthouse Annex 502 Whitehead Street, Key West 4 37641 Plantation Key Courthouse US #1 and Highpoint Road, Plantation Key 2 39503 J. Lancelot Lester Justice Building 530 Whitehead Street, Key West 3 40616 Plantation Key Ellis Building 88800 Overseas Highway, Plantation Key 2 46473 Marathon Government Center 2798 Overseas fligliway, Marathon 2 46502 Monroe County Courthouse Annex 502 Whitehead Street, Key, West 3 46899 Monroe County Detention Center 5510 College Road, Stock Island 3 46900 Monroe County Detention Center 5510 Colle Road, Stock Island 3 46945 Records Storage Faqkty 530 Whitehead Street, Ka West 3 47143 Monroe County Detention Center 5510 College Road, Stock Island 2 47144 Monroe County Detention Center 5510 College Road, Stock island 2 47274 Monroe County Detention Center 5510 College Road, Stock Island 2 47275 Monroe County Detention Center 5510 College Road,Stock Island 2 47276 Monroe County Detention Center 5510 College Road, Stock Island 2 47834 Marathon Airport 9400 Overseas Highway, Marathon 2 -1- Serial # Fac' ' Address # Landi 50030 Sheriff s Administration Building 5525 College Road, Stock Island 3 50031 Sheriff s Administration Building 5525 Colle a Road, Stock Island 3 51768 Harvey Government Center 1200 Truman Avenue, Key West 3 56110 Plantation Key Detention Facility 53 lEghpoint Road, Plantation Key 2 56216 Key West Courthouse Dumbwaiter 500 Whitehead Street, Key West 3 56599 ARFF Building — Key West !Lel West International Airport 2 56691 Monroe County Courthouse 500 Whitehead Street, K West 4 60239 Gato Building 1100 Simonton Street, Key West 2 61607 Department of Juvenile Justice 5525 College Road, Stock Island 3 61608 Department of Juvenile Justice 5525 College Road, Stock Island 3 74025 Sheriffs Aviation Hangar 10100 Overseas Highway,Marathon 2 88432 Freeman Justice, Elevator #1 302 Fleming Street, Key West 3 88433 Freedom Justice, Elevator #2 302 Fleming Street, Key West 4 $8434 Freeman Justice Elevator #3 302 Fleming Street, Key West 3 88435 Freeman Justice, Elevator #4 302 Fleming Street, Key West 3 89436 Freeman Justice Elevator #5 302 Fleming Street, Key West 3 89437 Freeman JusticeElevator #6 302 Fleming Street, Key West 3 Key West International Airport 2491 So. Roosevelt Boulevard,Key West 2 Key West International Airport, #2 2491 So. Roosevelt Boulevard, Key West 2 Key West International Airport 2491 So. Roosevelt BoujSyard, Key West 2 Key West International Airport ,#5 2491 So. Roosevelt Boulevard, Key West 2 Key West International Airport, #6 2491 So. Roosevelt Boulevard, Key West 2 Pine Key Community Building 31009 Atlantis Drive Big Pine Key 2 Murray E. Nelson, Government and Cultural Center 10250 Overseas Highway, Key Largo 2 (b) Paragraph 2, SCOPE OF WORK, is also amended to add an additional subsection' FP' as follows: H. In the event of a major component failure or system breakdown, the COUNTY, when deemed as an emergency situation, shall have the option to request from the CONTRACTOR only, a proposal/quote for replacement equipment in an amount that could exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 up to and including $10,000 must be approved and signed by the Division Director and/or the County Administrator. Any proposal over $10,000 up to and including $25,000 must be approved and signed by the Division Director and the County Administrator. 3. Paragraph 3, CONTRACT SUM, is amended to clarify/define Item and add the new elevators described above as follows: 3. THE CONTRACT SUM The County shall pay to the Contractor for the performance of said service on a "per month - in arrears" basis on or before the 30`h day of the following month in each of twelve months. The Contractor shall invoice the County monthly for elevator service and maintenance performed under the Specification contained herein. A. The Contractor amount shall be as stated by the contractors bid as follows: IIP-41 Certificate # Facility # Landings Capacity Lbs Amount per Month Amount per Inspection 3998 Monroe County Courthouse Annex 4 2500 $88.00 $200.00 37419 Monroe County Courthouse Annex 4 4000 $88.00 $200.00 37641 Plantation Key Courthouse 2 2500 $88.00 $200.00 39503 J. Lancelot Lester Justice Building 3 2000 $88.00 $200.00 40616 Plantation Key Ellis Building 2 2100 $88.00 $200.00 46473 Marathon Government Center 2 3500 $88.00 $200.00 46502 Monroe County Courthouse Annex 3 4000 $88.00 $200.00 46899 Monroe County Detention Center 3 4000 $88.00 $200.00 46900 Monroe County Detention Center 3 4000 $88.00 $200.00 46945 Records Storage Facility 3 4000 $88.00 $200.00 47143 Monroe County Detention Center 2 2500 $88.00 $200.00 47144 Monroe Coun Detention Center 2 2500 $88.00 $200.00 47274 Monroe County Detention Center 2 4000 $88.00 $200.00 47275 Monroe County Detention Center 2 2500 $88.00 $200.00 47276 Monroe County Detention Center 2 2500 $88.00 $200.00 47834 Marathon Airport 2 2000 $88.00 $200.00 50030 Sheriffs Administration Building 3 3500 $88.00 $200.00 50031 Sheriff's Administration Building 3 3500 $88.00 $200.00 51768 Harvey Government Center 3 2500 $88.00 $200.00 56110 Plantation Key Detention Facility 2 750 $88.00 $200.00 56599 ARFF Building - Key West 2 2500 $88.00 $200.00 56216 Key West Courthouse Dumbwaiter 3 1 150 $88.00 $200.00 56691 Monroe County Courthouse 4 2500 $88.00 $200.00 60239 Gato Building 2 2100 $88.00 $200.00 61607 Department of Juvenile Justice 3 4500 $88.00 $200.00 61608 De artment of Juvenile Justice 3 4500 $88.00 $200.00 74025 Sheriff's Aviation Hangar 2 2000 $88.00 $200.00 88432 (2) Freeman Justice, Elevator #1 3 3,500 $150.00 $200.00 88433 (2) Freedom Justice, Elevator #2 4 3,500 $150.00 $200.00 88434 (2) Freeman Justice, Elevator #3 3 3,500 $150.00 $200.00 88435 (2) Freeman Justice, Elevator #$ 3 3,500 $150.00 $200.00 88436 (2) Freeman Justice, Elevator #5 3 3,500 $150.00 $200,00 88437 (2) Freeman Justice, Elevator #6 3 3,500 $150.00 $200.00 tbd (i) Key West International Anport 2 2,500 $88.00 $200.00 tbd (i) Kg West International Airport, #2 2 2,500 $88.00 $200.00 tbd (i) Ka West International Airport 2 2,500 $88.00 $200.00 tbd (i) Key West International Airport #5 2 2,500 $88.00 $200.00 tbd (i) Key West international Airport, #6 2 2,500 $88.00 $200.00 tbd Pine Key Community Building 2 2,500 $88.00 $200.00 tbd (1) (2) Murray E. Nelson, Government and Cultural Center 2 3,000 $150.00 $200.00 NOTE: (1) Elevators at the Key West International Airport and Murray E. Nelson Government and Cultural Center will not be monitored or billed until construction is completed, certificates are issued, and the buildings are turned over to Monroe County. Monroe County will .notify Contractor of this occurrence. Information for the blanks in the above lists will be filled as the information is obtained. (2) Elevators in the Freeman Justice Center and Murray E. Nelson Government and Cultural Center are Schindler Elevators which are a combination of roped/hydro, ie, a traction unit with a hydro application and are comprised of a more complicated operating system. 4. Paragraph 5 of the Original Agreement is amended to read as follows: -3- TERM OF AGREEMENT This Agreement shall commence on November 29, 2007 and ends upon November 28, 2008 unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) two-year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. 5. In accordance with Paragraph 5 of the Original Agreement: a. The County exercises the option to renew the Original Agreement for the first of the two (2) terms. This term will commence on November 29, 2008 and terminate November 28, 2010. b. The Contract amounts are being adjusted 4.1 % in accordance with the percentage change in the U S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year as follows: Elevator Monthly Amount from $88.00 to $91.61 (no increase for new elevators at $150.00, they will remain the same at $150.00), Inspection Amount from $200.00 to $208.20, Labor during regular working hours from $136.00 to $141.58 and Emergency service calls from $231 20 to $240.68. .SS WHEREOF, the parties hereto have set their hands and seals the day and year first BOARD OF COUNTY COMMISSIONERS KOLHAGE, CLERK -,OF MONROE COUNTY, FLORIDA y Clerk Mayor/Chairperso Witnesses fo ONTRACTOR: Signature D e Si Date MOWREY ELEVATOR SERVICE, INC., d/b/a ORACLE ELEVATOR COMPANY OF FLORIDA 9 COUNTY AT rFIM: NEY M iW.�VED A 41,t J. ASSISTANT C NTY ATTORNEY (C�4 Date -4- COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA AGREEMENT FOR COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA j This Agreement is made and entered into this / day of llt,(1 __ 200 between MONROE COUNTY, FLORIDA ("COUNTY"), a poli cai subdi sion of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MOWREY ELEVATOR SERVICE, INC., a Florida corporation, whose address is 2315 Stirling Road, Fort Lauderdale, Florida 33313, D/B/A ORACLE ELEVATOR COMPANY OF FLORIDA ("CONTRACTOR"). WHEREAS, COUNTY desires to provide complete elevator service maintenance for Monroe County facilities, and WHEREAS, CONTRACTOR desires and is able to provide complete elevator service maintenance to Monroe County facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide complete elevator service maintenance to Monroe County, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document and its exhibits only. 2. SCOPE OF THE WORK: A. The Contractor shall furnish all labor and equipment, including emergency telephone monitoring to 911 dispatch, to provide routine examination, lubrication, cleaning, adjustment, replacement of parts, and performance of applicable code -required safety tests on traction elevators or annual relief pressure tests on hydraulic elevators and any other service, repair, and maintenance sufficient to ensure the safe operation of the elevators in accordance with Florida Statute Chapter 399 and the Elevator Safety Code for Elevators and Escalators ASME A17.1. B. The Contractor shall be a Certificate of Competency Holder for the service maintenance contract in accordance with the revised Florida Statue Section 399.061 for required inspections. C. The Contractor shall respond within twenty-four hours per day, seven days per week. person to ensure twenty-four hour service. four hours of notification of service, The Contractor shall provide a contact Agreement 2-1 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY; FLORIDA D. The Contractor shall respond and rectify all deficiencies as deemed necessary by the Bureau of Elevator Inspection within thirty days of notification. E. The Contractor shall ensure that machine rooms are kept in a clean and safe manner at all times. F. The Contractor shall abide by the Rules and Regulations for Contractors at the Monroe County Detention Facilities when servicing same. G. Monroe County Elevators to be serviced are as follows: Serial Number Facility Address # Landings 3998 Monroe County Courthouse Annex 502 Whitehead Street, Key West 4 37419 Monroe County Courthouse Annex 502 Whitehead Street, Key West 4 37641 Plantation Key Courthouse US #1 and Highpoint Road, Plantation Key 2 39503 J. Lancelot Lester Justice Building 530 Whitehead Street, Key West 3 40616 Plantation Key Ellis Building 88800 Overseas Highway, Plantation Key 2 46473 Marathon Government Center 2798 Overseas Highway, Marathon 2 46502 Monroe County Courthouse Annex 502 Whitehead Street, Key West 3 46899 Monroe County Detention Center 5510 College Road, Stock Island 3 46900 Monroe County Detention Center 5510 College Road, Stock Island 3 46945 Records Stora e Facility 530 Whitehead Street, Key West 3 47143 Monroe County Detention Center 5510 College Road, Stock Island 2 47144 Monroe County Detention Center 5510 Col le e Road, Stock Island 2 47274 Monroe County Detention Center 5510 College Road, Stock Island 2 47275 Monroe County Detention Center 5510 College Road, Stock Island 2 47276 Monroe County Detention Center 5510 College Road, Stock Island 2 47834 Marathon Airport 9400 Overseas Highway, Marathon 2 50030 Sheriff's Administration Buildin 5525 College Road, Stock Island 3 50031 Sheriff's Administration Building 5525 College Road, Stock Island 3 51768 Harvey Government Center 1200 Truman Avenue, Key West 3 56110 Plantation Key Detention Facitit 53 Hi h oint Road, Plantation Key 2 56216 Key West Courthouse Dumbwaiter 500 Whitehead Street, Key West 3 56599 ARFF Building — Key West Key West International Airport 2 56691 Monroe County Courthouse 500 Whitehead Street, Key West 4 60239 Gato Building 1100 Simonton Street, Key West 2 61607 Department of Juvenile Justice 5525 College Road, Stock Island 3 61608 Department of Juvenile Justice 5525 College Road, Stock Island 3 74025 Sheriffs Aviation Hangar 10100 Overseas Highway. Marathon 2 Freeman Justice Center The Contractor shall be responsible to obtain any necessary permits during the term of this contract. 3. THE CONTRACT SUM The County shall pay to the Contractor for the perfonnance of said service on a per month in arrears basis on or before the 30t" day of the following month in each of twelve months. The Contractor- shall invoice the County monthly for elevator service and Agreement 2-2 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA maintenance perfoniled under the Specification contained herein. The Contractor amount shall be as stated by the contractors bid as follows: Serial Number Facility # Landings Capacity Lbs Amount per Month Amount per Inspection 3998 Monroe County Courthouse Annex 4 2500 $88.00 $200.00 37419 Monroe County Courthouse Annex 4 4000 $88.00 $200.00 37641 Plantation Key Courthouse 2 2500 $88.00 $200.00 39503 J. Lancelot Lester Justice Building 3 2000 $88.00 $200.00 40616 Plantation Key Ellis Building 2 2100 $88.00 $200.00 46473 Marathon Government Center 2 3500 $88.00 $200.00 46502 Monroe County Courthouse Annex 3 4000 $88.00 $200.00 46899 Monroe County Detention Center 3 4000 $88,00 $200.00 46900 Monroe County Detention Center 3 4000 $88.00 $200.00 46945 Records Storage Facility3 4000 $88.00 $200.00 47143 Monroe CountyDetention Center 2 2500 $88.00 $200.00 47144 MonroeCoun Detention Center 2 2500 $88.00 $200.00 47274 Monroe County Detention Center 2 4000 $88.00 $200.00 47275 Monroe County Detention Center 2 2500 $88.00 $200.00 47276 Monroe.County Detention Center 2 2500 $88.00 $200.00 47834 Marathon Airport 2 2000 $88.00 $200.00 50030 Sheriff's Administration Building 3 3500 $88.00 $200.00 50031 Sheriff's Administration Building 3 3500 $88.00 $200.00 51768 Harvey Government Center 3 2500 $88.00 $200.00 56110 Plantation Key Detention Facility 2 750 $88.00 $200.00 56599 ARFF Building - Key West 2 2500 $88.00 $200.00 56216 Key West Courthouse Dumbwaiter 3 150 $88.00 $200.00 56691 Monroe County Courthouse 4 2500 $88.00 $200.00 60239 Gato Building 2 2100 $88.00 $200.00 61607 De artinent of Juvenile Justice 3 4500 $88.00 $200.00 61608 De artment of Juvenile Justice 3 4500 $88.00 $200.00 74025 Sheriff's Aviation Hangar 2 2000 $88.00 $200.00 Freeman Justice Center B. Repairs for normal working hours beyond the $500.00 limit (as defined below) between 8:00 a.m. and 5:00 p.m. Monday through Friday excluding holidays shall be $136.00 per hour. In any month in which the total for Repairs (as defined above) does not exceed $500.00, the Contractor will not invoice said amount to County and will be responsible for said amount. In any month in which Repairs (as defined above) exceed $500.00, the Contractor will invoice and the County will pay the full amount stated on the invoice. C. Emergency service calls after hours stated above including holidays shall be $231.20 per hour. Agreement 2-3 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA D. The cost of parts beyond those included in the $500.00 limit as described above shall be the manufacturers cost plus 30%. The cost of parts below the $500.00 limit shall be the manufacturers cost plus 30%. The manufacturer's invoice must accompany all requests for payment for any part which exceeds $500.00, and may be requested at the discretion of the Senior Director, Public Facilities Maintenance, or his designee, for any part, regardless of the cost. Freight invoices over $500.00 must accompany all orders that require shipping or transportation. of parts whether the part is under- warranty or not, and may be requested at the discretion of the Senior Director, Public Facilities Maintenance, or his designee, for any freight charge, regardless of the cost associated therewith. 4. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. C. Expenses for travel, lodging, per diem and other authorized expenses shall be paid pursuant to Florida Statute 112.061 and Monroe County Ordinance. 5. TERM OF AGREEMENT This Agreement shall commence on November 29 , 2007 and ends upon November 28 , 2008 unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one year periods at terns and conditions mutually agreeable to the parties, exercisable upon written notice given at Least 30 days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial tern of one (1) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. Agreement 2-4 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA 5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the tern of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 6. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 7. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act of omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: Agreement 2-5 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY; FLORIDA WORKERS COMPENSATION AND EMPLOYER'S LIABILTTY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $100.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $100,000.00 per person, $300, 000,00 per occurrence, and $50,000.00 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Conunercial general liability coverage with linuts of liability of not less than $300.000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. 9. NON -WAIVER OF IMMUNITY a 77�8. 1 Notwithstanding the provisions of Sec. zm, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of County Commissioners of Monroe COUNTY. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Corninissioners of Monroe COUNTY. 11. NONDISCRIMINATION The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further Agreement 2-6 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub 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 additional obligation upon the board. 13. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the terra of this Agreement. Agreement 2-7 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROF COUNTY. FLORIDA 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recornnmends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 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 COUNTY: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 FOR CO—NTRACTOR, zz' `S Agreement 2-8 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY. FLORIDA 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY' S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY' S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION a. The COUNTY may terminate this Agreement with or without cause prior to the commencement of work. b. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. 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 with neither party having any further obligation under the term s of the contract upon termination. 19. GOVERNING LAW, VENUE, INTERPRETATION COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the Agreement 2-9 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform, the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agrce that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 24. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter- into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; Agreement 2-10 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MO' NROE COUNTY, FLORIDA provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from taws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 30. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to infonn, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement, 32. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Agreement 2-11 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROE COUNTY, FLORIDA 33. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument. 34. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 35. PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 36. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances.. and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 37. LEGAL OBLIGATIONS AND RESPONSIBILITIES AND NON - DELEGATION OF CONSTITUTIONAL OR STATUTORY DUTIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. Agreement 2-12 October 2007 COMPLETE ELEVATOR SERVICE MAINTENANCE MONROF COUNTY, FLORIDA 38. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship. 39. INCORPORATION OF BfD DOCUMENTS The terns and conditions of the bid documents are incorporated by reference in this contract agreement. 40. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Cornrnissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of wliich�IWJ, without proof or accounting for the other counterparts, be deemed an orig na 'tract. BOARAo COMMISSIONERS �AiesAt L. K HAGS, CLERK OF MOY, FLOIDA By: puty erk Mayor 6.1..s At t Date: Date: , �� g Witnesses for CONTRACTOR: Signatar e rD tore /5L-- C /-- C Date (-,--IL 1 Signat&e of p6rson authorized to legally bind Corporation Date:_k 1 Print Name Address: Z NS t� • se4t5L,,kt ,�--\ Telephone Number Gs-\ --%5-(;-1v U Agreement 2-13 October 2007 a m 0 z z m ic O �-o z O m <n 430 !CA —Zi -4-< O� n1 OO �z " m < .iCORb CERTIFICATE OF LIABILITY INSURANCE OP ID RY DATE(MWDDNYYY) 1 %h� ORAEL-1 01 11 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Neace Lukens - Louisville HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2305 River Rd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Louisville KY 40206 Phone:502-894-2100 Fax:502-894-8602 INSURERS AFFORDING COVERAGE ;NAIC# INSURED INSURER A: Nat'l Fire I" Co at Hartford 20478 INSURERR Sta rnance Company Oracle Elevator Com any - nNot 7207 114th Avenue Np INSURER Fire 19445 Unit F Largo FL 33773 INSURERD: Valley Forge Insurance Co. 20508 INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE —,POLICY EFFECTIVE POLICY NUMBER DATE MM/ I DATE MMIDD LIMITS GENERALLIABWTY EACH OCCURRENCE $ 1,000,000 B X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR JMS000011404 O1/Ol/10 01/01/11 PPREMISES(��a�uErence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1, 000, 000 X Gen Agg is also STOP GAP COVERAGE 01/01/10 01/01/11 Per Elevator GENERAL AGGREGATE s3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s3,000,000 POLICY X ECT LOC JEMD Ben. 1,000,000 A X AUTOMOBILE LIABILITY ANY AUTO 2092499980 O1 ,�i0�/ 10 O 1 / 01 / 11 CO GLE LIMIT dent) (Eaaccident) $ 1, 000, 000 X ALL OWNED AUTOS SCHEDULED AUTOS C BODILY INJURY (Per person) $ A A HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X A Hired Car Phy Dmg 2092499980 01/01/10 01/01/11 X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY V AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO G % $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE s5,000,000 C X OCCUR CLAIMS MADE BE063807442 01/01/10 01/01/11 AGGREGATE $ 5, 000, 000 DEDUCTIBLE �� $ X RETENTION $ 10 , 0 0 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I—1 (Mandatory In NH) If yyes, describe under SPECIALPROVISIONS below 2092499977 01/01/10 01/01/11 X TORY LIMITS ER E.L. EACH ACCIDENT _ $ 1, 000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 0 0 0 , 0 0 0 E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER A (Install Cover 2092475002 01/01/10 01/01/11 Install 1,000,000 Ded 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Service and Maintenance Certificate holder is named as additional insured with respects to the named insureds general liability and auto liability coverage if and as required by written contract with the named insured. GhK I IrIGAI h HULUEK CANCELLATION Monroe County Board of County Commissioners 1100 Simonton Street Rey West FL 33040 ACORD 25 (2009101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION' MONCO 12 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR 70 MAIL 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 0 The ACORD name and logo are registered marks of ACORD All rights reserved. f [ J A N I 210 10 {t