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02/22/1995 Contract Section 00030 Form of Agreement (� This agreement is set forth as of the ccanj E q 0`t q in the year 1995, between THE OWNER, WHO IS T BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA AND THE FOLLOWING CONTRACTOR: NAME: Sub Zero A/C & Refrigeration n ADDRESS: 6003 Peninsula Avenue rn _ o Key West, FL. 33040 4 T , PHONE: 305- 294 -9243 for the purpose of performing all of the work reguired ]Dy to Contract Documents for the following Project: o PREVENTIVE MAINTENANCE SERVICE CONTRACT KITCHEN REFRIGERATION EQUIPMENT MONROE COUNTY DETENTION CENTER 5501 COLLEGE ROAD KEY WEST, FL. 33040 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, who are hereafter referred to as the OWNER and who assumes all duties and responsibilities and has the rights and authority assigned to the OWNER in the Bid Documents in connection with completion of the Work in accordance with the Contract Documents. THE OWNER AND THE CONTRACTOR AGREE AS SET FORTH AS FOLLOWS: ARTICLE 1 - THE CONTRACT DOCUMENTS a) The Contract Documents consist of this Agreement, the Request for Bids, the Bidding Documents, the Form of Agreement, the Sworn Statement on Public entity Crimes, the Non - Collusion Affidavit, the Insurance Documents, the Sworn Statement under Monroe County Ordinance # 10 -1990, the Drug -free Work Place Form, and the Scope of Work and Specifications. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. b) In cases of conflict within the described Contract Documents in Article 1 of this Form of Agreement, the order of precedence shall be as follows: 1. This Agreement 2. Bidding Documents with all /any addenda 3. Requests for Bids 1 ARTICLE 2 - THE WORK The CONTRACTOR shall perform all the Work required by the Contract Documents for the following scope of work and specifications: The Scope of Work shall include, but not be limited to, the preventive maintenance of the MONROE COUNTY DETENTION CENTER KITCHEN REFRIGERATION EQUIPMENT as outlined in the Request for Bids. ARTICLE 3 - 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. ARTICLE 4 - ASSIGNMENT a) The CONTRACTOR shall not assign this agreement, except in writing and with the prior written approval of the owner and CONTRACTOR, which approval shall be subject to such conditions and provisions as the OWNER and CONTRACTOR deem necessary. This agreement shall be incorporated by reference into any assignment and any assignee shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the OWNER in addition to the total agreed -upon price of the services /goods of the CONTRACTOR. b) CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including those acceptable to OWNER) whether initially or as a substitute, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish to perform any of the Work against whom CONTRACTOR has reasonable objection. ARTICLE 5 - 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 OWNER to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 2 ARTICLE 6 - LABOR, MATERIALS AND EQUIPMENT: a) CONTRACTOR shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the facility. Except in connection with the safety or protection of persons or the Work or property at the facility or adjacent thereto, and except as otherwise indicated in the Contract Documents. b) All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by the OWNER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. Original invoices will be submitted to the OWNER for reimbursement. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents. c) The OWNER is tax exempt and reserves the right to purchase directly various materials and equipment that may be a part of the CONTRACT. If the OWNER elects to make a particular purchase, the Director of Facilities Maintenance, Public Works Division, will act as a purchasing agent for the OWNER. The OWNER will, via a Purchase Contract, purchase the materials and equipment, and the Contractor shall assist the Director of Facilities Maintenance, Public Works Division in the preparation of these Purchase Contracts. d) Independent Contractor Status and Compliance with the Immigration Reform and Control Act of 1986. At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the OWNER. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his /her employees, contractors, servants, or agents to be employees of the OWNER. The CONTRACTOR acknowledges that it is responsible for complying with the provisions of the Immigration Reform and Control Act of 1986, located at 8 U.S.C. Section 1324, et seq., and regulations relating thereto. Failure to comply with the above provisions of this contract shall be considered a material breach and shall be grounds for immediate termination of the contract. e) The OWNER designates the Director of Facilities Maintenance, Public works Division, to function as Contract Manager, who shall be responsible for enforcing 3 performance of the Contract terms and conditions, serve as liaison with the contractor, and approve all invoices prior to payment. ARTICLE 7 - SAFETY AND PROTECTION a) CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 7.1 all employees on the Work and other persons and organizations who may be affected thereby; 7.2 all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 7.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. b) CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, inJury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. c) The CONTRACTOR shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property, directly or indirectly, in whole or in part, by CONTRACTOR, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the acts or omissions of OWNER or anyone employed by OWNER whose acts may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). ARTICLE 8 - EMERGENCIES In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER, is 4 obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give OWNER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. ARTICLE 9 - SUSPENSION OF WORK AND TERMINATION a) OWNER may terminate upon the occurrence of any one or more of the following events: 9.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code) , as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 9.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 9.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 9.4. if a trustee, receiver, custodian, or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 9.5. if CONTRACTOR admits in writing an inability to pay its debts generally as they become due; 9.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment); 9.7. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 9.8. if CONTRACTOR disregards the authority of OWNER; or 9.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. 5 b) OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulation, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliance, and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges for engineers, architects, attorneys and other professionals and court costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. c) Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR the existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. d) Upon seven days written notice to CONTRACTOR, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to direct, indirect, and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court and arbitration costs). e) CONTRACTOR may stop work or terminate: If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or owner fails to act on any Application for Payment within a reasonable time after it is submitted, or OWNER fails to pay CONTRACTOR any sum finally determined to be due within a reasonable time, the CONTRACTOR may, upon ninety days' written notice to OWNER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if OWNER has failed to act on an Application 6 for Payment or has failed to make any payment as aforesaid, CONTRACTOR may upon ninety days' written notice to OWNER stop the Work until payment of all amounts then due. ARTICLE 10 - DISPUTE RESOLUTION All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment) will be decided by a Court of Law in the County of Monroe in the State of Florida. All procedures shall be subject to all the standard practices of civil proceedings of the State of Florida. The CONTRACTOR shall carry on the Work in accordance with the contract documents and without delay during disputes and disagreements with the OWNER. ARTICLE 11 - TERM OF CONTRACT This CONTRACT shall be for a twelve (12) mo th period beginning on 31 ( Q S and end on Aa 9 fi (p This CONTRACT term shall be renewable in accordance with Article 12. ARTICLE 12 - RENEWAL 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 herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. ARTICLE 13 - FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Detention Facilities Contractual Services are partially reduced or cannot be obtained or cannot be continued at a level sufficient to allow for the purchase of the services /goods specified herein, this agreement may then be terminated immediately at the option of the OWNER by written notice of termination delivered in person or by mail to the CONTRACTOR. The OWNER shall not be obligated to pay for any services provided or any equipment purchased by the CONTRACTOR after the CONTRACTOR has received written notice of termination. 7 ARTICLE 14 - PROFESSIONAL RESPONSIBILITY The CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. The provider shall at all times exercise independent, professional judgement and shall assume professional responsibility for the services to be provided. Continued funding by the OWNER is contingent upon retention of appropriate local, state, and /or federal certification and /or licensure of CONTRACTOR. ARTICLE 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 by certified mail, returned receipt requested, to the following: FOR OWNER: FOR CONTRACTOR: Monroe County Public Works Sub Zero A/C & Refrigeration Facilities Maintenance Dept. 6003 Peninsula Avenue 5100 College Road Key West, FL. 33040 Key West, Florida 33040 Attn: Director of Facilities Maint. ARTICLE 16 - PAYMENT The OWNER shall pay to the CONTRACTOR for the performance of said service on a per month arrears basis on or before the 1st day of the following month in each monthly period. The CONTRACTOR shall invoice the OWNER monthly for the maintenance performed under the Contract Documents contained herein. The Contract amount shall be as stated by the CONTRACTOR's proposal as follows: $1400.00 (Fourteen Hundred Dollars) per year, to be paid $350.00 (Three Hundred Fifty Dollars) per quarter. ARTICLE 17 - GENERAL a) The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR and all of the rights and remedies available to OWNER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to either or both of them which are otherwise imposed or available by Laws or Regulations, by special warranty of 8 guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties, and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. b) No provision of this agreement or the duty or obligation to perform any act required by this Agreement shall be deemed waived by the waiver of any particular act or occurrence of breach. c) This writing constitutes the entire expression of the parties agreement and may not be contradicted, modified, explained or supplemented by any prior written agreement or oral agreement or any other prior written or oral communication. 9 In witness whereof, the parties hereto have executed this agreement the day and year first above written, COUNTY OF MONROE, STATE OF FLORIDA By Mayor /Cha rman Attest: DANNY L. KOLHAGE, Clerk AY Sub Zero A/C & Appliance By � ontr ct r"e . A st: Witness / I �w O h^ �1�- ►� WlOtf�ess Corporate seal if corporation: • 10 1 ON ROE COUNTY CONTRACT DOCUMENTS PREVENTIVE MAINTENANCE SERVICE CONTRACT MONROE COUNTY DETENTION CENTER KITCHEN REFRIGERATION EQUIPMENT STOCK ISLAND MONROE COUNTY, FLORIDA , ....... . 70 , A 4 ,4 : " 1 " ' I , )' p p •r , c011N 1° .. BOARD OF COUNTY COMMISSIONERS MAYOR, SHIRLEY FREEMAN, DISTRICT 3 d MAYOR PRO -TEM, JACK LONDON, DISTRICT 2 WILHELMINA HARVEY, DISTRICT 1 KEITH DOUGLASS, DISTRICT 4 MARY KAY REICH, DISTRICT 5 COUNTY ADMINISTRATOR A i JAILER L. ROBERTS CLERK OF THE CIRCUIT COURT DANNY L. KOLHAGE 1,v DIRECTOR OF PUBLIC WORKS DIVISION DENT PIERCE DIRECTOR OF FACILITIES MAINTENANCE JOHN KING PONPAIROD Mm =MOON OF MOM Tomes mama yAINTINANCS =SPARTM T SECTION 00001 TABLE OF CONTENTS I. BIDDING DOCUMENTS A. Section 00010 Notice of Calling for Bids B. Section 00020 Requests For Bids Art. Number Title Page 1 Bid Package 1 2 Scope of Work 1 -6 3 Specifications 6 4 Contract Forms 7 5 Permits and Licenses 8 6 Insurance Documents 8 II. CONTRACT DOCUMENTS A. Section 00030 Form of Agreement Art. Number Title Page 1 Contract Documents 1 -2 2 The Work 2 3 Assurance Against Discrimination 2 4 Assignment 2 5 Compliance with Law 3 -4 6 Labor, Materials and Equipment 3 -4 7 Safety and Protection 4 8 Emergencies 4 -5 9 Suspension of Work & Termination 5 -7 10 Dispute Resolution 7 11 Term of Contract 7 12 Renewal 7 13 Funding Availability 7 14 Professional Responsibility 8 15 Notice Requirements 8 16 Payment 8 17 General 8 -9 III. INSURANCE GUIDE TO CONTRACT ADMINISTRATION General Insurance Requirements for Suppliers of Goods or Services IV. SWORN STATEMENTS Public Entity Crimes Non - Collusion Affidavit Drug -Free Workplace Form Ordinance No. 10 -1990 Ethics Clause NOTICE OF CALLING FOR BIDS NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday, FEBRUARY 2, 1995, at 10:00 a.m., at the Office of the Director of Purchasing, a Committee consisting of the Director of Purchasing, the County Administrator, the County Attorney, and the requesting Department Head or Division Director, or their designees, will open sealed bids for: PREVENTIVE MAINTENANCE SERVICE CONTRACT KITCHEN REFRIGERATION EQUIPMENT MONROE COUNTY DETENTION CENTER FACILITY 5501 COLLEGE ROAD KEY WEST, FLORIDA 33040 All bids must be received by the Office of the Director of Purchasing, 5100 College Road, Public Service Building, Cross Wing, Room 002, Key West, Monroe County, Florida 33040 on or before 10:00 a.m. on FEBRUARY 2, 1995.. All bids, including the recommendation of the County Administrator and requesting Department Head or Division Director, will be referred to the Board of County Commissioners for final awarding or otherwise. The Board will automatically reject the bid of any person or affilitate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Fla. Stat. (1989). All bidders shall submit two (2) signed originals and two (2) complete copies of each bid in a sealed envelope marked on the outside, "Sealed Bid for KITCHEN REFRIGERATION EQUIPMENT ". All bids must remain valid for a period of ninety (90) days. Specifications and /or further information may be obtained by contacting Jim Dore at Monroe County Detention Center, 5501 College Road, Key West, FL., 33040, telephone (305) 292 -4460. The Board of County Commissioners of Monroe County, Florida, reserves the right to reject any and all bids, to waive informalities in any or all bids, and to readvertise for bids. The Board also reserves the right to separately accept or reject any item or items of bid and to award and /or negotiate a contract in the best interest of the County. Dated at Key West, Florida, this day of 1995. R.M. COFER Director of Purchasing for Monroe County Florida KRE.NCB SECTION 00020 MONROE COUNTY PUBLIC WORKS BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA REQUEST FOR BIDS PROJECT: PREVENTIVE MAINTENANCE SERVICE CONTRACT FOR THE MONROE COUNTY DETENTION CENTER KITCHEN REFRIGERATION EQUIPMENT 5501 COLLEGE ROAD KEY WEST, FL. 33040 ARTICLE 1. BID PACKAGE: Bids shall be received in the Office of the Director of Purchasing, 5100 College Road, Public Service Building, Cross Wing Room #002, Stock Island, Key West, Florida, by February 2, 1995 at 10:00 a.m. No bids will be received after this time. ARTICLE 2. SCOPE OF WORK: (a) The CONTRACTOR shall furnish all labor and equipment to comply with the service requirements (Article 2.c) for the Preventive Maintenance Service Contract for the Monroe County Detention Center's Kitchen Refrigeration Equipment. (b) Staffing - The CONTRACTOR will provide qualified personnel needed to ensure the adequate and satisfactory monitoring and performance of the system as required pursuant to this Agreement or by law. CONTRACTOR may utilize any and all other additional personnel that may be necessary for the maintenance of the system during abnormal or emergency conditions for Monroe County, Florida upon receipt of approval of such additional personnel by the OWNER. (c) Service Requirements - The CONTRACTOR shall provide the following services: 1. Preventive Maintenance Program - The CONTRACTOR will establish and provide a quarterly preventive maintenance program for all equipment as noted. The preventive maintenance will be performed as prescribed in the manufacturer's recommendations and will include, but not be limited to the following: a. Check Equipment Calibration b. Check Electrical Operations c. Check All Safety Devices for Proper Operation 1 d. Check Mechanical Parts for Proper Operation e. Check and Clean Refrigeration condensers and their Filters, Coils, and Fans. f. Clean Evaporator Coils and Drain Lines as needed g. Check and Clean compressors and their Coils h. Check Systems Refrigerant Charges i. Leak Test and Check Operational Parameters prior to putting Systems back in service. BID PRICE $1400.00 (Fourteen Hundred dollars) per year FOR PREVENTIVE MAINTENANCE PROGRAM. 2. Normal Response. The CONTRACTOR shall provide routine maintenance and repair services for all equipment noted on the attached sheet during the Normal Working Hours of 8 a.m. to 5 p.m. Monday through Friday excluding holidays. BID PRICE 550.00 (Fifty Dollars) PER HOUR, MECHANIC BID PRICE $60.00 (Sixty Dollars) PER HOUR, MECHANIC W /HELPER 3. Emergency Response. The CONTRACTOR will respond to any request for emergency repair service for all equipment listed on the attached sheet within three (3) hours of receiving that request. This response time is inclusive seven (7) days a week including all holidays. If the response is after Normal Working Hours or on a Holiday, the time will be charged at an Overtime rate. BID PRICE $50.00 (Forty Dollars) PER HOUR, MECHANIC BID PRICE 560.00 (Fifty Dollars) PER HOUR, MECHANIC W /HELPER 4. Percentage Markup Rate. The CONTRACTOR will provide the percentage mark -up rate on materials, supplies and replacement parts. Freon Refrigerant for recharging systems will be charged as a material markup, at the percentage indicated below. Please be advised that the OWNER has the right to purchase any parts and equipment from another source. PERCENTAGE MARKUP RATE 25% (Twenty five percent). 5. Supply of Materials. The CONTRACTOR shall have access to a supply of all materials, supplies and parts normally necessary for Emergency repairs for all equipment listed in order for those repairs to be completed within seventy -two (72) hours of notification by the OWNER. 2 6. Refrigerant Disposal. The CONTRACTOR will be responsible for the Freon Refrigerant evacuation and disposal. The procedures will be performed as required by any local, state, or federal laws and shall not be billed as an additional item. 7. Requests for Payment. The CONTRACTOR's request for payment must include itemized invoices for each of the costs listed in Items No. 1,2,3 or 4. All materials, supplies and replacement parts shall be of equal or greater quality as the existing items in use. 8. Equipment List. See list on next page. 3 • REFRIGERATION EQUIPMENT UNIT NOMENCLATURE MANUFACTURER MODEL SERIAL NO. 1 Ice Machine Hoshizaki KM1200MRB B23563/623569 1 Ice Machine Hoshizaki KM1200MRB B23417/B23301 1 Refrigerator Traulsen RHT2 -32WVT M924270E93 1 Freezer Traulsen RLT2 -32WVT M924280E93 1 Cooler #1 Hartford DL4878W6H8 —SP OW732T -2B Walk —In, FCU Fan Coil Refrig. Design Texas RDAD2600 D93E02228 (RDT) 1 Cooler #2 Hartford DL4878W6H8 —SP OW732T -1 B Walk —In ,FCU Fan Coil RDT RDAD2600 D93E02229 1 Cooler #3 Hartford DR3478W6H8 —SP OW732T -2C Day Cooler, FCU Fan Coil RDT RDAD100 DSG03766 1 Cooler #4 Hartford DL3478W6H8 —SP OW732T -5A Holding Cooler 1 Fan Coil RDT RDAD1300 DSF04327 1 Fan Coil RDT RDAD1300 DSF04334 1 Fan Coil RDT RDAD1300 DSF04333 1 Fan Coil RDT RDAD1300 DSF04325 1 Freezer #1 Hartford DL4878W6H8 —SP OW732T -36 Walk—In Unit Fan Coil RDT RDLE2402 D93E02233 1 Freezer #2 Hartford DL3478W548 —SP OW732T -1 C Walk —In Unit Fan Coil RDT RDLE0901 DSG03819 ' 1 Chiller #1 Hartford DR3478W4H8 —SP OW732T -1 A Blast Chiller, FCU OW732T -3A Fan Coil RDT Custom N/A 1 Chiller #2 Hartford DR3478W4H8 —SP OW732T -4A Blast Chiller OW732T -2A Fan Coil RDT Custom N/A 1 Remote Unit RDT RDE P4 -7 93 -6 -7 -178 Refrig Compressor Assembly 1 Remote Unit RDT RDE P6 -2 -2 93 -6 -2 -179 Refrig Compressor Assembly 9. Documentation of All Services Provided. CONTRACTOR to document each on -line and on -site service call and furnish OWNER with a copy showing time, date, and a brief description of activity. Work orders for on -site system preventive maintenance will list the inspection date, individual to report to, equipment identification, equipment location, work to be performed, and any special instructions. All documentation to be submitted to OWNER by CONTRACTOR with the quarterly invoice for payment. 10. Quality Assurance Program. CONTRACTOR to meet with OWNER on a semi - annual basis to evaluate system performance and OWNER'S satisfaction with the quality of service that is being provided. (d) Materials and Equipment - Such tools and equipment acquired by the OWNER or by CONTRACTOR for the OWNER with budgeted funds will remain a part of the facility upon termination of this Agreement. CONTRACTOR shall take all steps necessary to preserve and maintain any warranties on any of the tools, equipment and facility components, and to keep the OWNER informed in a timely manner of any and all steps taken to preserve and maintain such warranties. (e) Rules and Visitors - CONTRACTOR shall observe the following requirements during the period of the Preventive Maintenance Service Contract: 1. Observe all rules and regulations concerning the exercise of the rights of ingress and egress to and from the facility. 2. All visitors to the facility shall comply with OWNER'S operating and safety procedures. (f) Maintenance, Repair and Replacement - CONTRACTOR shall, when providing maintenance or repair services, maintain the equipment in good condition and repair, including making any and all necessary repairs and replacements consistent with standard Kitchen Refrigeration Equipment practices. CONTRACTOR shall maintain the safety of the equipment at a level consistent with applicable law and normal practices for equipment of similar magnitude. CONTRACTOR shall maintain equipment in good repair and in a neat, orderly and litter free condition in order to protect the equipment against deterioration and to maintain the aesthetic quality of the facility. CONTRACTOR shall correct any material deficiencies, inefficient operation and maintenance of the equipment throughout the term hereof pursuant to the provisions hereof for normal conditions in Monroe County, Florida. The OWNER 5 shall have the right to inspect maintenance records maintained by CONTRACTOR during normal business hours. CONTRACTOR shall maintain the facility in such a manner as to keep all warranties in full force and shall not act, or allow any other party to act, so as to interfere with the effectiveness of such warranties. (g) Records - CONTRACTOR shall maintain all records related to the operation , maintenance and repair of the equipment including copies of all governmental reports and all financial documents. Representatives of the OWNER may review said records at any time. CONTRACTOR shall maintain said records in accordance with sound business practices and generally accepted accounting practices or generally accepted accounting standards adopted by the Government Accounting Standards Board. Copies of all documentation shall be submitted to OWNER by CONTRACTOR with the quarterly invoice for payment. (h) Licenses and Permits - CONTRACTOR shall act in a timely fashion to maintain, with the OWNER'S assistance, all licenses, permits, and warranties necessary for the continued operation of the equipment. The OWNER shall sign and certify permits in accordance with applicable county, state and federal laws and regulations. (i) Fines and Penalties - CONTRACTOR shall be liable for the following: 1) Any fines or civil penalties which may be imposed by any governmental or quasi - governmental agency or body 2) Any judgments or liabilities arising from actions by non - government or quells-governmental agencies or bodies for violations of applicable county, state, and federal laws and regulations arising out of, or resulting from, the performance of its duties and obligations under this Agreement, including, without limitation, acts and omissions of the CONTRACTOR, its employees, agents, officers and subcontractors. CONTRACTOR shall not be responsible for any fines or civil penalties due to legal proceedings concluded prior to execution of this Agreement, unless such fines or civil penalties are the direct result of an act or omission of CONTRACTOR pursuant to the terms hereof. ARTICLE 3. SPECIFICATIONS: (a) The specifications contained herein are considered to be the minimum standards required. The maintenance and the system shall comply with all applicable Federal, State, Local codes and ordinances. (b) The County reserves the right to reject any and all bids in whole or in part and to waive any informalities or irregularities in the bids, determined to be in the best interest of the citizens of Monroe County. 6 ARTICLE 4. CONTRACT FORMS: PUBLIC ENTITY CRIME AFFIDAVIT: Any person submitting a bid in response to this invitation must execute the attached Form PUR 7068, SWORN STATEMENT PURSUANT TO SECTION 286.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check (s), in the spaces (s) provided. This form with original signatures must be included with each bid or proposal. If you are submitting a bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy (s) of the form are executed by them and are included with your bid. Corrections to the form will not be allowed after the bid or proposal opening time and date. Failure to complete this form in every detail and submit it will result in immediate disqualification of your bid. NON- COLLUSION AFFIDAVIT: Any person submitting a bid in response to this invitation must execute the enclosed NON - COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the respondents, the bids of all participants in such collusion will be rejected, and no participants in such collusion will be considered in future proposals. The form with original signatures must be included with each bid proposal. DRUG FREE WORK PLACE FORM: Any person submitting a bid in response to this invitation must execute the attached Drug Free Workplace Form. This form with original signatures must be included with each bid proposal. SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990; ETHICS CLAUSE: Any person submitting a bid in response to this invitation must execute the enclosed Sworn Statement for breach or violation of this revision the OWNER may terminate this contract without liability. This form with original signatures must be included with each bid proposal. 7 ARTICLE 5. PERMITS AND LICENSES: The CONTRACTOR shall furnish copies of all current required licenses as a part of this bid. ARTICLE 6. INSURANCE DOCUMENTS: (a) The CONTRACTOR shall comply with all provisions of the section entitled "GENERAL INSURANCE REQUIREMENTS FOR ALL CONTRACTS WITH MONROE COUNTY" attached hereto. The CONTRACTOR shall require each Subcontractor similarly to provide "WORKER'S COMPENSATION INSURANCE" for all of the latter employees unless such employees are covered by the protection afforded by the CONTRACTOR. (b) CONTRACTOR will be responsible for all necessary insurance coverage as indicated by an "X" on the attached forms identified as INSCKLST 1 -4, as further detailed on forms WC1, ED1, GL1, and VL1. The original Insurance Certificates and three copies are to be provided by the CONTRACTOR and shall accompany each of the copies of the Contract Agreement delivered to the Public Works Facilities Maintenance Department for execution. If the proper insurance forms are not received within fifteen days after award of bid, bid may be awarded to the next lowest bidder. INDEMNIFICATION AND HOLD HARMLESS: (a) The CONTRACTOR covenants and agrees to indemnify and hold harmless the OWNER from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by the OWNER 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 or other wrongful act or omission of the CONTRACTOR or its Subcontractor(s) in any tier, their employees, or agents. (b) The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained in the form of agreement. 8 Apnl 22. 1991 lsl Printing . J MONROE COUNTY, FLORIDA INSURANCE GUiDE; TO CONTRACT AD1MINISTRATiON General Insurance Requirements for Suppliers of Goods or Services As a pre- requisite of the work governed, or the goods supplied under this contract (including the pre - staging of personnel and material), the Vendor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Vendor. As an alternative, the Vendor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Vendor 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 Vendor to provide satisfactory evidence of 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 commenced on the specified date and time, except for the Vendor's failure to provide satisfactory evidence. The Vendor 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 Vendor 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 Vendor's failure to maintain the required insurance. The Vendor 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. 5 All insurance policies must specify that they are not subject to cancellation, non - renewal, material chang or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of.the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. / Adrn nistrative Lutnidion "4709 17 April 22, 1991 1st hinting The Monroe County Board of County Commissioners its employees and officials will be inclu as "Additional Insured" on all policies, except for Workers' Compensation. ded 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. • Administrative Instruction //4709.1 • 18 April 22, 19'11 1st l'rinlrn� 1%IONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION Indemnification and [fold Harmless for Suppliers of Goods and Services The Vendor 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 Vendor or any of'its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Vendor 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 Vendor's failure to purchase or maintain the required insurance, the Vendor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Administrative Instruction •.1709. I I April 22. 1991 1st l'riruing MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him /her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WC 1 X Workers' Compensation Employers Liability tatutory Limits WC2 Employers Liability $10 0,000 /$500,000 /$100,000 WC3 ty $500,000 /$500,000 /$500,000 WCUSLH Employers Liability $1,000,000 /$1,000,000 /$1,000,000 US Longshoremen & Same as Employers' WCJA Harbor Workers Act Liability Federal Jones Act Sarne as Employers' Liability • Adminislrative Instruction 04709 O1 fr r 1 6 April 22. 1993 • Isl Pt-intuit; VEHICLE LIABILITY As a minimum, coverage should extend to liability for: • Owned; Nonowned; and Hired Vehicles Required Limits: VL 1 x $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $ 100,000 Combined Single Limit VL2 $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit VL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit MISCELLANEOUS COVERAGES I3R 1 Builders' Limits equal to the Risk completed project. MVC Motor Truck Limits equal to the maximum Cargo value of any one shipment. PRO 1 Professional $ 250,000 per Occurrence /$ 500,000 Aug. PRO2 Liabilit PRO3 y $ 500,000 per Occurrence /$1,000,000 Agu. $1,000,000 per Occurrence/$2,000,OOO Auu. POL POL2 Pollution $ 500,000 per Occurrence /$1,000,000 AgV,. POL3 Liability $1,000,000 per Uccurrence/$2,000,000 Agg. $5,000,000 per Occurrence /$10,000,000 Agu. EDI Employee $ 10,000 ED2 Dishonesty $100,000 GK GK2 Garage $ 300,000 ($ 25,000 per Veh) GK3 Keepers $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) MEDI Medical $ 500,000/$ 1,000,000 Agg. MED2 Professional $1,000,000 /$ 3,000,000 Agg. MED3 $ Agg. Administrative Instruction INSCKLS'I' 114709.01 • April 22. 1991 • 1st I'rinhng GENERAL LIABILITY As a minimum, the required general liability coverages will include: • Premises Operations • Products and Completed Operations • Blanket Contractual • Personal Injury • Expanded Definition of Property Damage Required Limits: GL I $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $1,000,000 per Occurrence $1 00,000 Property Damage or $1,000,000 Combined Single Limit Required Endorsement: Underground, Explosion and Collapse (XCU) Liquor I _� All endorsements are required to have ,hie same limits as the basic policy. Adrnrni Arai Ivo Inshvclion na7g9 [NSCKLS'1' April 22, 1193 1st Printing IF Installation Maximum value of Equipment Floater Installed VLP I Hazardous VLP2 Cargo $ 300,000 (Requires MCS -90) VLP3 $ 500,000 (Requires MCS -90) Transporter $1,000,000 (Requires MCS -90) BLL Bailee Liab. Maximum Value of Property I IKL I Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 , 000 Ii $ 1,000,000 AIR I Aircraft AIR2 $25,000,000 AIRS Liability $ 1,000,000 $ 1,000,000 AEO1 Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AEO3 & Omissions $ 500,000 per Occurrence /$ I, $ 1,000,000 per Occurrence/S3,000,000 Agg. — _. gg INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply all the requirements. c mply in full Bidder Signature Administrative instruction 11 47901 INSCKLS'I' 9 ,1p3:1 22. 199.3 1st Priming WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN IMONROE COUNTY, FLORIDA AND • Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 4 in addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. if the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self - insurance fund, a Certificate of insurance will be required. In addition, the Contractor may be required to submit updated financial statements from te fund upon request from the County. Administrative Imlrutlion U47(;9 WC 1 1 April 22. 1993 1st 1'rnMing • GENERAL LIABILI'T'Y INSURANCE REQUIREMENTS FOR CONTRACT 13ETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. II is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Adrninistraiivc instruction N47O9.1 G I- 1 • Apnl 22. 1993 Isl l'rinling VEIIICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative instnution VL 1 11 4709.1 75 mow• y- y) I MORI,. CERTIFICATE OF INSURANCE DATE(MMOD/YY) PRODUCER ' THIS CERTIFICATE IS ISSUED AS A MATTER OF I NFOR M AT ION THE PORTER ALLEN COMPANY , ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND 6ii j 513 SOUTHARD STREET ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. KEY WEST, FLORIDA 33040 COMPANIES AFFORDING COVERAGE COMPANY 1- 305 - 294 -2542 A INSURANCE COMPANY OFNORTH AMERICA INSURED SUB ZERO, INC. DBA C SUB ZERO ICE ! B APPROVED BY RISK MANAGEMENT # 8 PENINSULAR AVENUE COf CA BY ��,C/ ','?G %'E' KEY WEST, FLORIDA 33040 j COMPANY DATE lU r 5--. COVERAGES WAIVER: N/A _ __ . ' THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DDNY) DATE (MMIDDNY) GENERAL LIABILITY GENERAL AGGREGATE ' $ — A 1,000,000 _ _ X COMMERCIAL GENERAL LIABILITY PRODUCTS- COMP/OP AGG $ 1,000,000 - -- ICLAIMSMADE I X]OCCUR WDPD24598470 1 -3 -95 1 -3 -96 PERSONAL BADVINJURY $ 1,000,000 OWNER'S & CONT PROT EACH OCCURRENCE $__1,000,000 FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY ANY AUTO . COMBINED SINGLE LIMIT $ 300, 000 -- ALL OWNED AUTOS A X SCHEDULED AUTOS WDPD24598470 1 -3 -95 1 -3 -96 (Peer r pers B $ on) HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) — — PROPERTY DAMAGE $ GARAGE LIABILITY Receiv d AUTO ONLY - EA ACCIDENT $ ANY AUTO — Risk ItMgmt. & ss Control OTHER THAN AUTO ONLY: - - - 9S EACH ACCIDENT $ v 9 — !7 DATE v AGGREGATE $ EXCESS LIABILITY INITIAL EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND - 1 STATUTORY LIMITS EMPLOYERS' LIABILITY -_ -- EACH ACCIDENT $ THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL DISEASE - POLICY LIMIT $ OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS I ADDITIONAL INSURED: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE HOLDER __ CANCELLATION MONROE COUNTY BOARD OF COUNTY I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COMMISSIONERS ! EXPIRATION DATE THEREOF, , • •MPANY WILL ENDEAVOR TO MAIL ATTN • PUBLIC WORKS 1 1 () DAYS WR N•u • • ERTIFlCATE HOLDER NAMED TO THE LEFT, 51 COLLEGE ROAD 1 BUT FAILURE • MAI i • r E SHALL IMPOSE NO OBLIGATION OR LIABILITY STOCK ISLAND i OF ANY D COMPANY, ITS AGENTS OR REPRESENTATIVES. KEY WEST, FLORIDA 33040 AUTHORIZ•� EP' /' I ACORD 25 -S (3/93) DAV1W. • • r�t P0019 1 © ACO - D CORPORATION 1993 ASO1U. CERTIFICATE .E' RANG .. ' ISSUE DATE (MM1DO/YY) i. • PRODUCER THIS CERTIFICA I SSUED AS A MATTER OF QRMATION O NL YY S AN D CONFERS NO RIGHTS UPON THE CERTIFICATE ' LDER. THIS CER11FICATE PCA BOLUITIr. INCA DOES NOT AMEND, EXTEND OR ALTER THE CO RAPE AFFORDED BY THE P0 SOX 1416407 a . , ALTIMMME FL 32716 COMPANIES AFFORDING C ERAGE COMPANY A LETTER FLIMISLMEXIMMIS MUTUAL • CO. AN COMPANY i OMURCO LETTER I1la' Mt, Imo. COMPANY 4Z$ LM 6003 P AMU LETTER • KEY IIEET! FL 33040 COMPANY D LETTER COMPANY E LETTER COVERAGES .. . , : ' , • . THIS 15 TO OERTIFY THAT THE POLIOICG OF INSURANCE LISTED at LOW HAVE OBEN ISSUED TO THE INSURED NAMED A• . FCIR THE POI ICV PERIC7O INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 : ; ECT TO ALL THE TERMS, EXCLUSIONO AND CONDITIONS OF OUCH POLICIES. LIMITS OI IOWN MAY HAVE BEEN REDUCED BY MID CLAIMS. , CO TYPE OP NBURANCE POLICY NUMOER POLICY iPPECTIVIMOLICY EXPIRATION LIMITS LTR i DATE (MM/Donn OATS OAVDDNY) GENERAL LIABIUTE • GENERAL AM TE $ COMMERCIAL GENERAL LIABILITY , PROD • /OP AWO. 1 ' CLAIMS MADE OCCUR i i PERSONAL A A • INJURY $ •OWNER'S A CONTRACTOR'S PROT. • ' ACM OCCUR a 1 FIRE DAMAGE( of fin) $ MED. EXPENSE on. prom) $ AUTOMOBILE UABIUTY APPROVED BY RISK MANAGEMENT : COMBINED s ANY AUTO LIMIT $ ALL OWNED AUTOS BY / ' / : , OILY INJU • • BCHEDULEO AUTOS DATE V //— ,S (#1 ' "'""""q $ MIRED AUTOS BODILY A �� Lem EOOIdernf NoNCwNEOAUTOS ti "'u'I'FR: N/A YFC ' OARADE LIABILITY PROPERTY• •G 1 EXCESS UABILITY EACH OCCU • E $ UMBRELLA FORM AGGREGATE $ • nTHFR THAN UMBRELLA FORM _ , BTAT • LIMITS A 0t' WORKER'S 1 4...00090.000 1/01/93 I/01/06 EACH ACC z iaa,eoo EMPLOYERS' UABIUTY DISEAS uMIT $ 500 000 • OTHER .. • DISE AA PLOYEE 1 100. DESORPTION OF OPl RA7 (ONBILOCATIONEIYlIMCLE&OPRpAL ITEMS CERTIRICATE•NOLDER ' .. CANCELLATION. • SHOULD ANY OF THE ABOVE DESCRIBED POLICIE • E CANCELLED BEFORE THE MO OE COUNTY EXPIRATION DATE THEREOF, THE ISSUING C. 'ANY WILL ENDEAVOR TO ATTENTION! RAY NIMBI MAIL 30 DAYS WRITTEN NOTICE TO THE CERTI TE HOLDER NAMED TO THE MEN COUNTY CPIISIO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAL POSE NO OBLIGATION OR 5501 COLLE E ROAD LIABIUTY OF ANY KIND UPON THE COMPANY, ITS • NTS OR REPRESENTATIVES. KEY INV, FL 33040 . AUTNORRES REPRESENTATIVE v � ;a QIlIL ATION 1690 ACORD MOO), ,�..... 20 d 3 0000LC04.0f• :O0 LlG6T — — Ire EN LQSUR N 4 Atxil22, im M.SA 7�9•I C.A. 1st Printing June 22, 1993 MONROE COUNTY, FLORIDA 7 Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: SUB ZERO A/C, INC. Contract for: P.M. SERVICE CONTRACT FOR KITCHEN REFRIGERATION EQUIPMENT Address ofContr:ckr: 6003 Peninsula Ave Key West, FL. 33040 Phone: 305 - 294 -9243 Scope of Work: Preventive maintenance and maintenance of the Monroe County Detention Center Kitchen Refrigeration Equipment Reason for Waiver: We have twelve (12) fully insured work vehicles. • We will NOT use any other vehicle other than those specified on our insurance policy to do the work specified on ti contr ct. I , Signature of Contractor: ,, 111 i it,/ Approved Not Approved Risk Management Date 4 — /o - 5 s County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Dalc: WAIVER SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTAFR OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to County of Monroe [print name of the public entity) by Peter Protopsaltis, President [print individual's name and title) for Sub Zero Inc. [print name of entity submitting sworn statement) whose business address is 6003 Peninsula Ave. Key West, F1. 33040 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0183002 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: n / a .) I understand that a "public entity crime" as defined in Paragraph 287.133 1 violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 1 a , Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.1.2.3.4.5. Based on information and belief, the statement which I have marked below is true in relation to the entity •/ submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order] 6. I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED ON PARAGRAPH"! (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. A 11 At f _ ,te i� [signatur. � - - Sworn to and subscribed before me this q day of M A iJ Personally known ►/ P eter Protopsaltis OR Produced identification Notary Public - State of 1=10 - PIA. (Type of identification) My Commission expires sip' ,' '. ''''' ted t I5 ' ; CC4 EXPIRES ;, sslone I r 9, otary public) . „t. BONDED THRU TROY FAIN INSURANCE, INC • Form PUR 7068 (Rev. 06/11/92) • DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Rub Zero Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispens- ing, 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 br 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 ofworking 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. tail Peter Protopsaltis, President 1 Bidder's Signature 3/9/95 • Date MCP #5 REV. 6/91 SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Peter Pr o t o p s a l t i s wets 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. A , 4,11k 1 (signatu e) - Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, e)TO s.9 - zT2s wh after first being sworn by me, affixed /" Y � his/her signature (name of individual signing) in the space.provided above on this 9 day of , 19 • ; A NOTARY PUBLIC • My commission expires: : it'•": "Yak, VALERIE L. LOCKW00D MCP#4 * *__ MY COMMISSION x CC42O6g5 EXPIRES Dec ember 3 1996 "kilat Bmom THRU TROY FAIN , INS INC. NON- COLLUSION AFFIDAVIT 1, Peter Protopsaltis, President of the city of Key West according to law on my oath, and under penalty of perjury, depose and say that; 1)Iam Peter Protopsaltis the Proposal for the project described as follows: ,the bidder making 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement forthe purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) 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 • 4) 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; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said p • ject. STATE OF f),?; 2 ,q • (Si! ature'•f Bidd- ) " COUNTY OF A---7c;",/c'vc- "3/9 /q DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, f'Z S/1z S who, after first being sworn by individual signing) affix d his /her signature in the space provided above on ed abo on (name of this 9 day of Mme ,6t , 19 1/ NOTARY PUBLIC My commission expires: 4,7 ��`� Py. VALERIE L. LOCKWOOD *.: +- . MY COMMISSION # CC420695 EXPIRES MCP # 1 December 3, 1998 h ' BONDED TNRU TROY FAIN INSURANCE, INC