10/17/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305)852-7146
MEMORANDUM
DATE:
November 8,2001
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Han&
Deputy Clerk
FROM:
At the October 17, 2001, Board of County Commissioners meeting the Board granted
approval to award bid and enter into a Contract between Monroe County and Mowrey Elevator
Service for complete elevator service maintenance for Monroe County.
Enclosed is a duplicate original of the above mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
Risk Management w/o document
County Attorney
Finance
File ./
SECTION THREE
CONTRACT
THIS AGREEMENT, made and entered into this 17th day of October, 2001, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter called the Owner), and Mowrey Elevator
Service, Inc., (hereinafter called the Contractor).
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree
as follows:
3.01 THE CONTRACT
The Contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents.
3.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders,
and any addenda issued hereafter, any other amendments hereto executed by the parties
hereafter, together with the bid proposal and all required insurance documentation.
3.03 SCOPE OF WORK
A. The Contractor shall furnish all labor and equipment 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, the Elevator Safety Code for
Elevators and Escalators ASME AI7.1, the Specification Package entitled
"Complete Elevator Service Maintenance for Monroe County", and his bid dated
September 11, 2001.
B. The Contractor shall be a Certificate of Competency Holder for the service
maintenance contract in accordance with the revised Florida Statute Section
399.061 for required inspections.
C. The Contractor shall respond within four (4) hours of notification of service,
twenty-four (24) hours per day, seven (7) days per week. The Contractor shall
provide a contact person to ensure twenty-four (24) hour service.
D. The Contractor shall respond and rectify all safety related deficiencies deemed
necessary by the Bureau of Elevator Inspection immediately. If
deficiency/deficiencies cannot be rectified immediately due to the unavailability
of parts, the Contractor shall terminate power to the elevator(s) so that it may not
be utilized until rectification. Contractor will rectify safety-related deficiencies
within forty-eight (48) hours of receipt of parts. The Contractor shall rectify all
other deficiencies deemed necessary by the Bureau of Elevator Inspection within
thirty (30) 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.
3.04 THE CONTRACT SUM
A. The County shall pay to the Contractor for the performance of said service on a
per month in arrears basis on or before the 30th day of the following month in each of
twelve (12) months. The Contractor shall invoice the County monthly for elevator
service and maintenance performed under the Specifications contained herein. The
Contract amount shall be as stated by the contractor's bid as follows: Monthly service
and maintenance - one thousand seven hundred seventeen dollars and no cents,
($1,717.00); Biennial inspection - two thousand six hundred twenty five and no cents,
($2,625.00).
3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the sites and has
made investigations to fully satisfy himself that such sites are correct and suitable
ones for this work and he assumes full responsibility therefore. The provisions of
the Contract shall control any inconsistent provisions contained in the
specifications. All specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the work
to be done. Under no circumstances, conditions, or situations shall this Contract
be more strongly construed against the owner than against the Contractor (and his
Surety, if applicable).
B. Any ambiguity or uncertainty in the specifications shall be interpreted and
construed by the Owner, and his decision shall be final and binding upon all
parties.
C. The passing, approval, and/or acceptance of any part of the work or material by
the Owner shall not operate as a waiver by the Owner of strict compliance with
the terms of this Contract, and Specifications covering said work. Failure on the
part of the Contractor, immediately after Notice to Correct workmanship shall
entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost
of such replacement and/or repair from the Contractor, who shall in any event be
liable to the Owner for all damage, loss, and expense caused to the Owner by
reason of the Contractor's breach of this Contract and/or his failure to comply
strictly and in all things with this Contract and with the Specifications.
3.06 TERM OF CONTRACTIRENEWAL
A. This contract shall commence November 22, 2001 and terminate on November
21, 2002. This Contract term shall be renewable in accordance with Article
3.06B.
B. The Owner shall have the option to renew this agreement after the first year, and
each succeeding year, for two additional one year periods. 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-U) for the most recent 12 months available. Increases in the contract amount during each option
year period shall be extended into the succeeding years.
3.07 HOLD HARMLESS
The 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 the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
3.08 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe
County. No statement contained in this agreement shall be construed so as to find the
contractor or any of hislher employees, contractors, servants, or agents to be employees
of the Board of County Commissioners for Monroe County.
3.09 ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under this
agreement.
3.10 ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and Contractor, 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
subcontractor shall comply with all of the provisions of this agreement. Unless expressly
provided for therein, such approval shall in no manner or event be deemed to impose any
obligation upon the Board in addition to the total agreed-upon price of the service/goods
of the contractor.
3.11 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by
all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions
of, such services, including those now in effect and hereinafter adopted. Any violation of
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon
delivery of written notice of termination to the contractor. The contractor shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this contract.
3.12 INSURANCE
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the
attached forms identified as INSCKLST, as further detailed on forms WC1, GL1, and
VL 1, each attached hereto and incorporated as part of this contract document, and all
other requirements found to be in the best interest of Monroe County as may be imposed
by the Monroe County Risk Management Department.
3.13 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance 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 Board of County Commissioners by written notice of
termination delivered in person or mailed to the contractor. The Board shall not be
obligated to pay for any services provided by the contractor after the contractor has
received written notice of termination.
3.14 PROFESSIONAL RESPONSffiILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described. The Contractor shall at all times
exercise independent, professional judgment and shall assume professional responsibility
for the services to be provided. Continued funding by the Board is contingent upon
retention of appropriate local, state, and/or federal certification and/or licensure of
contractor.
3.15 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 be certified mail, returned receipt
requested, to the following:
FOR COUNTY
Monroe County Facilities Maintenance
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
Mowrey Elevator Service, Inc.
3300 S.W. 50th Avenue
Davie, FL 33314
3.16 CANCELLATION
A. The County may cancel this contract for cause with seven (7) days notice to the
contractor. Cause shall constitute a breach of the obligations of the Contractor to
perform the services enumerated as the Contractor's obligations under this
contract.
B. Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so.
3.17 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida.
3.18 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list. "
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
F or Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at hislher own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in the contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
Or
· A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (3) days prior notification
is given to the County by the insurer.
GIRl
Administration Instruction
#4 709.2
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
GIRl
Administration Instruction
#4 709.2
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BID FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
BID FROM:
Mowrey Elevator Service, Inc.
3300 S.W. 50th Ave.
Davie, Fl.
33314
The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto
and other Contract Documents for the services of:
COM:PLETE ELEVATOR SERVICE MAINTENANCE FOR MONROE COUNTY
And having become familiar with all local conditions including labor affecting the cost thereof, and
having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules
and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics,
tools, material, equipment, transportation services, and all incidentals necessary to perform and
complete said work in a workman-like manner, in conformance with said drawings, specifications, and
other contract documents including addenda issued thereto.
1. Monthly Service and Maintellante'-fof~ elevators $ 1, 717 . 00
2. Biennial Inspection $ 2, 625 . 00
I acknowledge receipt of Addenda No, (s)
I have included page 4 through 9 of the Bid Proposal which entails the Proposal Form x ' the Non-
Collusion Affidavit ~ and the Lobbying and Conflict of Interest Clause ~ and the Drug Free
Workplace Form~, In addition, I have included copy of Contractor's License~.
(Check mark items above, as a reminder that they are included.)
50f9
ORIGINAL
Mailing Address:
Mowrey Elevator Service, Inc.
Telephone: 1- 800 -43 2 - 29 66
3300 S.W. 50th Ave. Davie, Fl. 33314 Fax:
954-583-1119
Signed:
~j~$~
Date: 8/27/2001
Witness: ,J~ iJ}f}:U,;;;O--
(Seal)
Timothy S Mowrey, Jr.
(Name)
Vice President
(Title)
,~1fA~:'}iJ;q,-.. Sarah Maness
~f ,./;;.~ ~~ MY COMMISSION I CC928275 EXPIRES
~~^~.; May 21, 2004
"".iif..'fr.~., BONDED THRIJ tROY FAIN INSURANCE. tNe.
6of9
ORIGINAL
NON-COLLUSION AFFIDAVIT
I, Timoth~ S. Mowrey, Jr.
Davle, 1.
of perjury, depose and say that;
1.) lam Timothy S. Mowrey, Jr;thebiddermakingtheProposalforthe
project described as follows:
2.)
3.)
4.)
5.)
STATE OF
COUNTY OF
, of the city of _
according to law on my oath, and under penalty
the prices in this bid have been arrived at independently \vithout collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
the statements contained in this affidavit are true and correct, and made \\ith full
knowledge that Monroe County relies upon the truth of the statements contained
in this affidavit in awarding contra~} d .
(Signatnre OfB~
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DATE
1/ '
3;Gd/IM-d-rA-'
ht/7U {Z~1.;'-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~- ;!-
1/ :)'-Ji ' j-j/ ('-oj 7Jlll-' (J /1 I ,
/ ~L'// " ..{"-C-:l ,_", ,_ (-"C' {/L- IlL'''...
(n~e of individual g
who, after first being sworn by me,
affi.'(ed his/her signature in the space provided above on this
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day of (/ '/){i,.:J.
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NOTARY PUBLIC
My Commission Expires:
",';.-;;'v:'ft'"" Sarah Maness
[:f A ~~ MY COMMISSION # C<:928275 EXPIRES
"';'''~",,:i,;~: MaV 21, 2004
~ ;,'t' ",~<r--" BONDED lHRU TROY FAIN INSURANC~ INe.
.,.Il'
70f9
ORIGINAL
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNfY. FLORIDA
EllllCS CLAUSE
Tim 0 thy S. Mow r e y, Jr. warrants that he/it has not employed., retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee,
Udb-r
(SI
Date: Op~ ;;;27- 0 r
COUNTY OF
,}{~,A^d /V
J31?L'; d
. / 1L-(iGV /J ./
STATE OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
J ~.5. .IJU/71)1I(f' ~ who, after first heing sworn hy me, affixed hislher
signature (name of individual signing) in the space provided above on this d ~ day of
m/l,J ,20~
(" i VYJ
".. ;/!w-J;,/;f /121{1:!.,~o--
. OTARYPUBLIC
My commission expires:
OMB - MCP FORM #4
",~'l~/''',,,,
f~A~.r~~ SarohMon~s
f'f E~ MY COMMISSION # CC928275 EXPIRES
~i:'....<i.1~ May 21, 2004
..9f"f,i..' BONDfD THRU TROY fAIN INSUIZANCE.1NC.
80f9
ORIGINAL
DRUG-FREE WORKPLACE FORM:
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Mowrey Elevator Service, Inc.
(Name of Business)
1. Publish a statement notifying employees that the unla\\ful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that. as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any
state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted,
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certifY that this firm complies fully with the above
requirements.
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