03/18/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
March 31,2009
TO:
Dent Pierce, Director
Public Works Division
A TTN:
FROM:
Beth Leto, Assistant Director
Public Works Division
Pamela G. Hancock, ~
At the March 18, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
~ontract between Monroe County and Master Mechanical Services, Inc. for central air
conditioning maintenance and repair for Upper Keys facilities.
Amendment to Franchise Agreement between Monroe County and Mid-Keys Waste, Inc.
to allow the Franchise to collect residential vegetative waste at the same time that residential
solid waste is collected.
Amendment and 2nd Renewal Agreement - Diesel Fuel and Unleaded Gasoline Supplier
between Monroe County and Dion Oil Company for delivery of ultra low sulfur dyed diesel fuel
and unleaded gasoline for the second and final one-year renewal period
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finanfe
Filev"
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
AGREEMENT FOR CENTRAL AlC REPAIR SERVICES FOR
UPPER KEYS FACILITIES_ MONROE COUNTY_ FLORIDA
)(i:!-
This Agreement is made and entered into this ~ day of March, 2009, between MONROE
COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL
SERVICES, INC., ("CONTRACTOR"), a Florida corporation, whose address is 15183 NW
33 Place, Miami, FL 33054.
WHEREAS, COUNTY desires to provide central AlC repair services for the Upper
Keys Facilities, Monroe County, and
WHEREAS, CONTRACTOR desires and is able to provide central AIC repair services
for Upper Keys Facilities, Monroe County; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
central AlC repair services for Upper Keys facilities, 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, the bid documents and its exhibits only.
2. SCOPE OF THE WORK:
The Contractor shall furnish all labor, materials, equipment, tools, transportation, services,
incidentals, and perform all the work necessary in accordance with the specifications entitled:
CENTRAL AIR CONDITIONING REPAIR
UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
A) Routine repairs and maintenance of all county maintained central air conditioning units
in the Upper Keys area.
B) Emergency repairs of all county maintained central air conditioning units in the Upper
Keys area. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The
CONTRACTOR shall be at the site of an air conditioning malfunction within three hours of
verbal notification by the OWNER.
C) The CONTRACTOR shall have access to a supply. of all parts and controls normally
necessary for the emergency repairs of all county maintained central air conditioning units so
that such emergency repairs will be completed within 48 hours of notification by the OWNER.
D) The OWNER shall reimburse the CONTRACTOR for the Manufacturer's invoice cost
of all parts and materials, plus percentage indicated in section 4 of the bid form, that are used in
the repair of all county maintained central air conditioning units. 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 Owner for any part, regardless of the cost. All parts and materials shall
be of equal or greater quality as compared to existing parts and materials in use.
AGREEMENT
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JANUARY 2009
CENTRAL NC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
E) The facilities are located throughout the Upper Keys, from Conch Key up to and
including Key Largo, Florida. Buildings to be serviced shall include, but shall not be limited
to, the following:
GOVERNMENTCENTE~COURTHOUSE
Highpoint Road, Plantation Key
COUNTY OFFICES - SOCIAL SERVICES & CODE ENFORCEMENT
Highpoint Road, Plantation Key
CARPENTER SHOP
Key Heights Drive, Plantation Key
SENIOR CITIZEN CENTE~AARP
Highpoint Road, Plantation Key
TEMPORARY COURTROOM
Governmental Complex, Plantation Key
SHERIFF'S OFFICES - FIRST APPEARANCE
US 1, Plantation Key (former mobile trailer)
JERRY ELLIS BUILDING GOVERNMENTAL CENTER COMPLEX
88800 Overseas Highway, Plantation Key
SPOTTSWOOD STATION
88770 Overseas Highway, Plantation Key
PLANTATION KEY DETENTION FACILITY/JAIL
53 Highpoint Road, Plantation Key
TAVERNIER FIRE STATION
Marine Avenue, Tavernier
KEY LARGO LIBRARY
U.S. Highway#l MMI01, Tradewinds Shopping Center, Key Largo
ISLAMORADA LIBRARY
81.5 Bayside, Islamorada
ROTH BUILDING
48 Highpoint Road, Plantation Key
MONROE COUNTY COMMUNICATION BUILDING
Key Heights Drive, Plantation Key
MURRA Y E. NELSON GOVERNMENT AND CULTURAL CENTER
102050 Overseas Highway, Key Largo
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
The Contractor shall be responsible to obtain any necessary permits during the term of this
contract.
3. MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN
In the event of a major component failure or system breakdown, the COUNTY, when deemed
as an emergency situation, 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.
4. CONTRACT AMOUNT
The County shall pay to the Contractor for the faithful performance of the Contract, in lawful money of
the United States, as follows:
A. Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday
excluding holidays
$50.00
$92.50
per hour, MECHANIC (includes all travel time)
per hour, MECHANIC plus HELPER (includes all travel time)
B. Labor - Overtime rate for hours not stated above, including holidays and for facilities
that conduct critical business such as Courthouses, Tax Collector's offices, and all others
identified by the Facilities Maintenance Director in the Specifications
$75.00
$138.75
per hour, MECHANIC (includes all travel time)
per hour, MECHANIC plus HELPER (includes all travel time)
C. Materials - Freon for recharging systems:
PRICE PER POUND: $ 13.50 R-22
PRICE PER POUND: $ 40.00 R-12
D. Materials - supplies and replacement parts: Manufacturer's Invoice plus 20.%.
E. Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be
billed as an additional item.
The air conditioning units to be maintained are installed at County Facilities located throughout
the Upper Keys. Window and portable units may, from time to time, be submitted for analysis
for economical repair. If the Contractor finds that the unit is economically repairable, the
Contractor will submit an estimate for repair to the Owner. The Owner may, at his discretion,
have the Contractor repair the window or portable unit in keeping with the estimate.
There are no additional costs for travel, mileage, meals, or lodging.
The Contractor's request for payment must itemize each of the costs stated above. The Contractor
shall submit with his invoice the Application for Payment attached hereto.
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
5. 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.
B. 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 invoice by CONTRACTOR.
C. 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.
D. The total contract sum shall not exceed Thirty-five thousand and nolIOO Dollars
($35,000.00).
6. TERM OF AGREEMENT
This Agreement shall commence on March 15, 2009, and ends upon March 14, 2010, unless
terminated earlier under paragraph 20 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two (2)
one-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) years.
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.
7. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon
request.
8. 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
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to
CONTRACTOR.
9. 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.
10. HOLD HARMLESS AND INSURANCE
The Contractor covenants and agrees to indemnify, hold harmless and defend Monroe County, its
commissioners, officers, employees, agents and servants 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 of any kind, including attorney's fees, court
costs and expenses, 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 or omission of the Contractor, including its Subcontractor(s) in any tier, their officers,
employees, servants or agents.
In the event that the service 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 consideration 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.
This indemnification shall survive the expiration or earlier termination of the Contract.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates
of Insurance indicating the minimum coverage limitations in the following amounts:
WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where
applicable, worker's compensation coverage to apply for all employees at a minimum statutory
limit as required by Florida Law, and Employer's Liability coverage in the amount of
$100.000.00 bodily injury by accident, $500.000.00 bodily injury by disease, policy limits, and
$100.000.00 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less
than $300.000.00 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. If single limits are provided, the minimum acceptable limits are
$50.000.00 per person, $100.000.00 per occurrence, and $25.000.00 property damage.
Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits
of liability of not less than $300.000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
CERTIFICA TES 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.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
11. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, 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.
12. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor 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
Commissioners of Monroe COUNTY.
13. NONDISCRIMINATION
COUNTY and CONTRACTOR 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
action on the part of any party, effective the date of the court order. COUNTY or
CONTRACTOR 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 VI
of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 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 s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Di.scrimination Act of 1975, as amended
(42 USC ss. 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
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service
Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act
of 1968 (42 USC s. 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 s. 1201 Note),
as maybe amended from time to time, relating to nondiscrimination on the basis of disability;
10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to
COUNTY and CONTRACTOR to, or the subject matter of, this Agreement.
14. 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 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 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.
15. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
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 term of this Agreement.
16. 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, recommends, 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.
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
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.
17. 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.
18. 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: FOR CONTRACTOR:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL. 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
Master Mechanical Services, Inc.
15181 NW 33 Place
Miami, FL 33054
Telephone: (305) 825-3004
19. 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.
20. TERMINATION
A. 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.
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
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 with neither party having any
further obligation under the term s of the contract upon termination.
21. GOVERNING LA W~ 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.
22. 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.
23. 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 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.
24. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree 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 and
attorney's fees, in 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.
25. 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 COUNTY and
CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of County
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
Commissioners. 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.
26. 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.
27. 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.
28. 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.
29. 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; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by each
party prior to submission.
30. 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.
31. 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
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
32. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any term, 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 inform, 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.
33. 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.
34. 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.
35. 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
and any of the parties hereto may execute this Agreement by signing any such counterpart.
36. 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.
37. 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,
AGREEMENT
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JANUARY 2009
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
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 BID DOCUMENTS ~
The terms and conditions of the bid documents are incorporated by reference in tl~~~racf ;J
agreement. ;g ::;;.~ i! ,."
fTl::o-< =0 0
CJ ~r- W ,.,
40. ANNUAL APPROPRIATION g5:.?~ __ ~
The County's performance and obligation to pay under this agreement is contin~~n!r :0
annual appropriation by the Board of County Commissioners. In the event thar1h63toul}Q ~
funds on which this Agreement is dependent are withdrawn, this Agreement is t~li~d~. ~
the County has no further obligation under the terms of this Agreement to the Contrac.i& 0
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 which shall,
,l~r(j~~!'~~,~or accounting for the other counterparts, be deemed an original contract.
,/:;~ALJ'v,<'\\,~:, . BOARD OF COUNTY COMMISSIONERS
\Mt.":..':'.:.~.....~e.s....,....~....:. _.~".,.A...-.....,...,.NN........}".:~.r.1 :.L KOLHAGE, CLERK OF MOpOE COUNTY, FLOIDA
....., >.10 - . #-~ ~~ 'f()~,e.J--
By. . , ,-:~ 1::">. By. IT
;,,',.Deputy Clerk Mayor George Neugent
Date:
Il/I ;iD 1 Q :; n n ().
n.r,,, \ .L U ,-uU,l
Date:
MAR 1 8 2009
~
L SERVICES, INC.
WITNESSES FOR CONTRACTOR:
ci4~
re...b-u-~ ~a, 2ocC\
Date
. ature of person authorized to
Ie ally bind Corporation
J~t,~~y 2.-~, ?N\9
Print Name
Signature
Address: \S:I~t-l~~\.
tn, I 5i[
Telephone Numbe~- ~ d.....<:' -,3CO~
AGREEMENT
-12-
CENTRAL AlC REPAIR, UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
APPLICATION FOR PAYMENT DETAILS ATTACHMENT
DATE:
ARRIVAL TIME:
DEPARTURE TIME:
LOCA TION:
PARTS AND MATERIALS COSTS *
ITEM DESCRIPTION
UNIT PRICE
QUANTITY
SUB- TOTAL
2
3
4
5
PARTS & MATERIALS SUB- TOTAL
% INCREASE
PARTS & MATERIALS TOTAL
LBS OF
FREON TOTAL
@
FREON COSTS
PER POUND
LABOR AND EQUIPMENT COSTS
HOURS @
LABOR & EQUIPMENT TOTAL
TOTAL
DESCRIPTION OF
WORK
Date
Authorized Signature / Title
* Contractor must provide a copy of the Manufacturer's Invoice for parts over $500.00, and may be required to
provide Manufacturer's Invoice for all parts provided. Contractor must provide copy of freight invoice for
transportation/shipping costs over $500.00, and may be required to provide an invoice for any freight charge,
regardless of the cost.
APPLICATION FOR PAYMENT
-13-
JANUARY 2009
jtCORD,.. CERTIFICA TE OF LIABILITY INSURANCE OP 10 SM I DATE (MM/DDfYYYY)
MASTE-2 07/25/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Kahn-Carlin & Company, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3350 S. Dixie Highway AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Miami FL 33133-9984
Phone: 305-446-2271 Fax:305-448-3127 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Bridgefield Employers Ins Co 10701
INSURER B: Nautilus Insurance Company 17370
Master Mechanical Services,Inc INSURER C:
15181 NW 33 Place INSURER 0:
Miami FL 33054-2400 --
INSURER E:
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 eOLlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
m;)~ ~~R~ TYPE OF INSURANCE POLICY NUMBER PD~YnJ~fD~~t;)E Pgk~CEY(~~bRDAJ~~N LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $5,000,000
r---
B X X COMMERCIAL GENERAL LIABILITY NC691604 08/01/08 08/01/09 IJI\I\IIAlie I U_ KeN I eU $ 300,000
PREMISES (Ea occurence)
U CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000
--
PERSONAL & ADV INJURY $5,000,000
--
GENERAL AGGREGATE $5,000,000
I--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $5,000,000
n n PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE L1MITf
~ fY AUTO (Ea accident)
-~-'-'-----,,------
.. ALL OWNED AUTOS BODIL Y INJURY $
L__ SCHEDULED AUTOS (Per person)
L- HIRED AUTOS I------~- nn_ -n---l~--n-- ------- ------
BODIL Y INJURY I
I NON-OWNED AUTOS (Per accident) I $
r---n 1------ ~-------------I----- -- -- -'-
~1------------------ I PROPERTY DAMAGE I $
I (Per accident) I
I GARAGE LIABILITY I AUTO ONLY. EA ACCIDENT I $
1=1 ANY AUTO 1;______ - -~----- - - ----------
I OTHER THAN~~_ ACC _~_ --- -----
f i : AUTO ONLY: AGG $
I EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE I $
__~-J OCCUR [~J CLAI~~S MADE r __n__._________._ r- --
: AGGREGATE I $
I ----- -'--_.,--~--- ----- -----..- __ __ ____'u__
$
=1 DEDUCTIBLE !~-- -- - - ----~-~------ ~-- ------ - ~-._... ~-~~----~_._-
$
r.----~---- .- - --- ---- "---- --- _.---
RETENTION $ I $
WORKERS COMPENSATION AND ~~~I :~~:s~~r~}~~ lo;~u $ 1000-000-- ...
A EMPLOYERS' LIABILITY 83037562 03/14/08 03/14/09
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1000000
If yes, describe under - E.L. DISEASE - POLICY L~$-l 000000 ------
SPECIAL PROVISIONS below I
OTHER I I
I I
I I i
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder is named as additional Insured with respects to General
Liability.
CERTIFICATE HOLDER
CANCELLA TION
MONR-12
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 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
Monroe County Board of County
Corrunissioners
1100 Simonton Street
Key West FL 33040
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
6/26/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ALLSTATE INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
622 N FEDERAL HIGHWAY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
BOYNTON BEACH FL. 33435
561-417-6164 INSURERS AFFORDING COVERAGE NAIC#
INSURED MASTER MECHANICAL SERVICES INC INSURER A: ALLSTATE INSURANCE 09020
INSURER B: ALLSTATE INSURANCE 09020
15181 NW 33RD PLACE INSURER C:
MIAMI GARDENS, FL 33054 INSURER 0:
I INSURER E:
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.
INSR ~DD'L POLICY NUMBER ~9..Y~rM~b5~YE P8k+~~~~~6~?N LIMITS
LTR INSRD TYPE OF INSURANCE
GENERAL LIABILITY EACH OCCURRENCE $
I--- ~~~~~~~ ~E~t:~~~~~nce)
COMMERCIAL GENERAL LIABILITY $
- =1 CLAIMS MADE CI OCCUR
MED EXP (Anyone person) $
-
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $
-I II PRO- II
POLICY JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
- $
ANY AUTO (Ea accident)
-
.x ALL OWNED AUTOS BODILY INJURY
$
~ SCHEDULED AUTOS (Per person)
A ~ HIRED AUTOS 048671447 07/23/08 07/23/09 BODILY INJURY
(Per accident) $
ell NON-OWNED AUTOS
I--- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EAACCIDENT $
q ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000 000
xl OCCUR CI CLAIMS MADE AGGREGATE $
~,
049024137 07/23/08 07/23/09 $
B =1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSA TIONAND I WCSTATU- I 10TH-
TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS ALSO LISTED AS ADDITIONAL
INSURED FOR VEHICLE LIABILITY.
CERTIFICATE HOLDER
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
3583 S. ROOSEVELT
KEY WEST, FL 33040
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL~ 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.
AUTHORIZED REPRESENTATIVE
I
ACORD 25 (2001/08)
@ACORDCORPORATION1988