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3rd Amendment/2nd Renewal 05/20/2009 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 26, 2009 TO: Dent Pierce, Director Public Works Division ATTN: FROM: Beth Leto, Assistant Director Public Works DiViS~ Pamela G. Hanco~'H;'c. At the May 20, 2009, Board of County Commissioner's meeting the Board granted approval to exercise the second renewal option to the Agreement between Monroe County and Weathertrol Maintenance Corp. for central air conditioning maintenance and repair for Lower Keys Facilities. 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 Attorney Finance File/ AMENDMENT AND 2nd RENEWAL AGREEMENT CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR- LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA REEMENT hereinafter "AGREEMENT" is made and entered into this~ day of , 2009, between MONROE COUNTY (hereinafter "County" or "Owner"), a poli al subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West Fl., 33040 and WEATHERTROL MAINTENANCE CORP. (hereinafter "Contractor"), a Florida Corporation whose address is 7250 NE 4th Ave., Miami, Florida, 33110. WHEREAS, the parties hereto did on July 18, 2007 enter in to a Central Air Conditioning Repair and Maintenance Agreement (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on May 21, 2008 enter into an agreement amendment to increase the contract amount from $25,000 to $45,000; and WHEREAS, the parties hereto did on July 16, 2008, enter into a first renewal agreement of the original agreement, as amended; and WHEREAS, the parties hereto on November 19, 2009 did enter into an agreement to (1) add two new County facilities; (2) increase the contract amendment from $45,000 to $70,000; and WHEREAS, the parties hereto desire to amend Paragraph 2 to clarify language in Item "E";and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, both parties find that it would be mutually beneficial to enter into this amendment and 2nd renewal agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. To clarify language Paragraph 2, subsection "E" as follows: E. 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. 2. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option to renew the Original Agreement for the second of the two (2) one-year terms. This term will commence on July 30, 2009 and terminate July 29, 2010; and the amount shall be adjusted 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 for December of the previous year of .1 % with monthly payments increasing to the following: - 1 - Labor-Normal working hours of8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: $ $ 93.27 176.63 per hour, mechanic per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $ $ 139.89 369.14 per hour, mechanic per hour, mechanic plus helper 2. In all other respects, the original agreement dated July 18, 2007, as amended and renewed, remains in full force and effect. INWffNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first ~~~itten'above. (SEWL) ATIEST: DANNY L. KOLHAGE, CLERK .Sa~ Deputy Clerk MAY 2 0 2009 BOARD OF COUNTY COMMISSIONERS O~OE COU~'!X, FLORID".L B ~~4 6 J~,e.(T" Mayor Date WEA HERTROL MAINTENANCE CORP. ti ~,~~ ~ Witnesses By Title ~//Z.&Z;T~~ ~;(/~?~/d../C~l Date ~G~ ~J.i r- __ )~2: c:o n A :x..' 9 . j . .:-):::t: ;, :-l):> -q C) Pl ! :z > -c N C7\ -0 :x N .. en (.) - 2 - ." r- r'l o ..." o ::tJ ::0 rr:J ("") o :0 o