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1st Renewal/Amendment 11/22/2016 KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 6, 2017 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hancock, Deputy Clerliih SUBJECT: November 22nd BOCC Meeting Attached is a duplicate original of each of the following items from the above - mentioned BOCC meeting: `/Item F2 First renewal amendment agreement with Air Mechanical & Service Corp. for central air conditioning maintenance and repair - Middle Keys Facilities. Item F37 Second renewal amendment agreement with Stockton Maintenance Group, Inc. for janitorial services at the Big Pine Key Library. Item F40 Second renewal amendment agreement with Stockton Maintenance Group, Inc. for janitorial services at the Key Largo Library. Item F41 Second renewal amendment agreement with Stockton Maintenance Group, Inc. for janitorial services at the Islamorada Library Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File FIRST RENEWAL AMENDMENT AGREEMENT FOR CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR — MIDDLE KEYS FACILITIES, MONROE COUNTY, FLORIDA - � is First Renewal Amendment Agreement is made and entered into this, day of NICA , 2016, between MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Air Mechanical & Service Corp. ( "CONTRACTOR "), a Florida corporation, whose address is 2700 Avenue of the Americas, Englewood, Florida 34224. WHEREAS, the parties hereto on November 17, 2015, entered into an Agreement for Central Air Conditioning Maintenance and Repair Services to County Middle Keys Facilities (hereinafter "Original Agreement "); and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, the parties find it would be mutually beneficial to enter into this First Renewal Amendment Agreement; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 3 of the Original Agreement: a. Item 3E under Payments to Contractor, the hourly rate for a mechanic shall increase from $78.00 to $78.55 and for a mechanic plus helper the hourly rate shall increase from $110.00 to $110.77, during normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays; and b. Item 3E under Payments to Contractor, the overtime labor hourly rate shall increase from $110.00 to $110.77 and for a mechanic plus helper the hourly rate shall increase from $160.00 to $161.12, for hours other than the normal working hours as stated above, including holidays. 2. In accordance with Paragraph 4 of the Original Agreement: a. The County exercises the option to renew the Original Agreement for the first of the two (2) optional one -year terms. This term will commence on December 01, 2016, and terminate November 30, 2017; and b. The contract 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 at December 31 of the previous year of .7 %. 3. In accordance with Paragraph 2D of the Original Agreement, the language is hereby revised to reflect "Section D" of the Original Agreement as the correct paragraph for the percentage payment on a manufacturer's invoice cost rather than Section 3C. 4. In accordance with Paragraph 7 (Public Access) of the Original Agreement, it shall be revised as follows: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" 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 contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: a. Keep and maintain public records that would be required by the County to perform the service. b. Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. e. A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470, BRADLEY- BRIAN @MONROECOUNTY - FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12 STREET, SUITE 408, KEY WEST, FL 33040. L a T 5. Except as set forth above in this First Renewal Amendment Agreeeent, ii al14. other respects, the terms and conditions set forth in the Original Agreement shall remain in full force and effect. U� _-o f u tr , % IP } rifer ESS WHEREOF, the parties hereto have set their hands and seals -the day ai9d :1 ritten. �a � ' 3 `=' BOARD OF COUNTY COMMISSIONERS 1 '•. ":. - ► - ' T 1 , CLERK OF MONROE COUNTY, FLORIDA M a � r � oul„ _ / / By: By: Arlf- £'� el-- Deputy Clerk Mayor Date: t t b Date: i 1 L CONTRACTOR: AIR MECHANICAL & SERVICE CORP. // I Witnesse o ONTRACTOR: 717.W G /�/ �. Signature of person authorized to Signature legally bind Corporation Date: November 15, 2016 MONROE COUNTY ATTORNEY'S OFFICE f APED8T x � ;1 �Ct C�1� PATRICIA EASLE8 ASSISTANT COUNTY A DATE: /VW`esccber 3 2.4 /b Larry Dalton 11/15/2016 Mark Castellano Vice President /Branch Mgr. Print Name ? Date Print Name and Title 2700 Avenue of the Americas Address: Englewood, FL 34224 Signature (941) 475 -3715 Telephone Number Jan Donoho 11/15/2016 Print Name Date APPLICATION FOR PAYMENT DETAILS DATE: CONTRACTOR: ARRIVAL TIME: DEPARTURE TIME: LOCATION: PARTS AND MATERIALS COSTS * ITEM DESCRIPTION UNIT PRICE QUANTITY SUB -TOTAL 1 2 3 4 5 REFRIGERANTS COST LBS OF @ PER POUND PARTS, MATERIALS & REFRIGERANTS SUB -TOTAL INCREASE ON ABOVE PARTS, MATERIALS & REFRIGERANTS FREIGHT CHARGE TAX CHARGES PARTS, MATERIALS & REFRIGERANTS TOTAL $ LABOR AND EQUIPMENT COSTS HOURS @ $ SUB -TOTAL $ HOURS @ $ SUB -TOTAL $ LABOR & EQUIPMENT TOTAL $ TOTAL $ DESCRIPTION OF WORK Date Authorized Signature / Title * Contractor must provide a copy of Invoice /Receipts for manufacturer's cost of parts, materials & Refrigerants, freight for transportation /shipping costs, equipment rental amounts and services supplied by others.