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01/18/2017 Agreement
KEVIN MADOK, CPA MONROE COUN'T'Y CLERK OF THE CRCUTT COURT & COMPTROLLER DATE: January 23, 2017 TO: Alice Steryou Contract Monitor � tl' FROM: Pamela G. Hancoc7 e u Clerk P SUBJECT: January 18di BOCC Meeting Attached is a duplicate original of Item C3 ratification of the previous approval of agreement wide Maverick United Elevator for $77,000.00 for elevator and lift service maintenance that was approved at die November 2016 BOCC meeting, but inadvertently omitted page 15 of die agreement which is now included along with the complete certificate of liability insurance. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File I a COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE AGREEMENT FOR COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE MONROE COUNTY, FLORIDA f 2vl Jo14�q , a01 This Agreement is made and entered into this 2s' 7d of November, 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 Maverick United Elevator, a Limited Liabilit Corporation whose address is 10639 NW 122 ❑d Street., Medley, Florida 33178. WHEREAS, COUNTY desires to have complete elevator service maintenance for Monroe County facilities, and WHEREAS, CONTRACTOR desires and is able to provide complete elevator service maintenance to Monroe County facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide complete elevator service maintenance to 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 RFP documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK: The Contractor shall furnish all labor, supervision, materials, tools, equipment, supplies, including emergency telephone monitoring to 911 dispatch, to provide routine examinations, lubrications, cleaning, adjustment, replacement of parts, and performance of code - required safety tests on traction elevators or annual relief pressure tests on hydraulic elevators and any other service, repair, and maintenance sufficient to ensure the safe operation of the elevators in accordance with Florida Statute Chapter 399 and the Elevator Safety Code for Elevators and Escalators ASME A17.1 as amended and /or the latest edition and all other applicable regulatory standards and codes. B. The Contractor shall have a Certificate of Competency Holder for the service maintenance contract in accordance with the revised Florida Statute Section 399.061 for required inspection. C. The Contractor shall respond within four (4) hours of notification of service, twenty - four (24) hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure twenty -four (24) hour service D. The Contractor shall respond and rectify all deficiencies as deemed necessary by the Department of Business and Professional Regulation, Division of Hotels and Restaurants of COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE the Department of Business and Professional Regulation, Bureau of Elevator Safety within thirty (30) days of notification. E. The Contractor shall ensure that machine rooms are kept in a clean and safe manner at all times. F. The Contractor shall abide by all Rules and Regulations for Contractors at the Monroe County Facilities when servicing same. G. The Contractor shall be responsible to obtain any necessary permits during the term of this contract. H. The County shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others and equipment rental), plus percentage indicated in the proposal form that are used in repair of County maintained elevators and lifts. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to the existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. Monroe County facility elevators to be serviced are as follows: Elevator and Lifts (Contractor to verify) BUILDING LOCATION Serial # Landings Monroe County Courthouse Annex 502 Whitehead St., 37419 4 Key West Plantation Key Courthouse US 1/ High point Rd., 37641 2 Plantation Ke J. Lancelot Lester Justice Building 530 Whitehead St. Key West 39503 3 Plantation Key Ellis Building 88800 Overseas Hwy, 40616 2 Plantation Ke Marathon Government Center 2798 Overseas Hwy, 46473 2 Marathon Monroe County CH Annex 502 Whitehead St., 46502 3 Key West Monroe County Detention Center 5510 College Rd., 46899 3 #6 Stock Island Monroe County Detention Center 5510 College Rd., 46900 3 #7 Stock Island Records Storage facility 530 Whitehead St. Key West 46945 3 Monroe County Detention Center 5510 College Rd., 47143 2 #4 Stock Island Monroe County Detention Center 5510 College Rd., 47144 2 #5 Stock Island Monroe County Detention Center 5510 College Rd., 47274 2 #3 Stock Island COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE BUILDING LOCATION Serial # Landings Monroe County Detention Center 5510 College Rd., 47275 2 #1 Stock Island Monroe County Detention Center 5510 College Rd., 47276 2 #2 Stock Island Marathon Airport 9400 Overseas Hwy., 47834 2 Marathon Sheriff's Administration Building 5525 College Rd., 50030 3 Stock Island Sheriffs Administration Building 5525 College Rd., 50031 3 Stock Island Harvey Government Center 1200 Truman Ave., 51768 3 Key West Plantation Key Detention Center 52 High Point Rd., 56110 2 Plantation Ke Key West Courthouse Dumbwaiter 500 Whitehead St., 56216 3 Key West Monroe County Court House 500 Whitehead St., 56691 4 Key West Gato Building 1100 Simonton St., Key 60239 2 West Department of Juvenile Justice #1 5525 College Rd., 61607 3 Stock island Department of Juvenile Justice #2 5525 College Rd., 61608 3 Stock island Sheriff s Aviation Hanger 10100 Overseas Hwy., 74025 2 Marathon Freeman Justice Center# 1 302 Fleming St., Key West 88432 2 Freeman Justice Center#2 302 Fleming St., Key West 88433 2 Freeman Justice Center43 302 Fleming St., Key West 88434 2 Freeman Justice Center#4 302 Fleming St., Key West 88435 3 Freeman Justice Center#5 302 Fleming St., Key West 88436 2 Freeman Justice Center#6 302 Fleming St., Key West 88437 2 Big Pine Key Park Community 31009 Atlantis, Big Pine Key 94425 2 Bldg. Murray E. Nelson Government and 102050 overseas Hwy., 94927 2 Cultural Center Key Largo Big Pine Key Fire station # 13 390 Key Deer Blvd., 97137 2 Big Pine Key Stock Island Fire Station # 8 5655 MacDonald Ave., 100380 2 Stock Island Key West Lighthouse Keepers 938 Whitehead St., 2 Quarters Key West COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE In the event of a major component failure or system breakdown or malfunction, the County, when deemed as in an emergency situation, shall have the option to request from the Contractor only, a proposal/quote for replacement equipment in accordance with the purchasing terms and authority provided for in the Monroe County Code of Ordinance and Purchasing Policy. 3. THE CONTRACT SUM The County shall pay the Contractor on a monthly basis and in accordance with the Local Government Prompt Payment Act, F.S. 218.70. The Contractor shall invoice the County monthly for elevator service and maintenance performed under the Specification contained herein. The Contractor amount shall be as stated by the contractors bid as follows: Serial Landings Monthly Annual 9 BUILDING LOCATION Number inspection Certification Monroe County 502 Whitehead St., Key 37419 4 $90.00 $200.00 Courthouse Annex West Plantation Key US l/High point Rd., 37641 2 $90.00 $200.00 Courthouse Plantation Key J. Lancelot Lester 530 Whitehead St. Key 39503 3 $90.00 $200.00 Justice Building West Plantation Key Ellis 88800 Overseas Hwy, 40616 2 $90.00 $200.00 Building Plantation Key Marathon Government 2798 Overseas Hwy, 46473 2 $90.00 $200.00 Center Marathon Monroe County CH 502 Whitehead St., Key 46502 3 $90.00 $200.00 Annex West Monroe County 5510 College Rd., 46899 3 $90.00 $200.00 Detention Center#6 Stock Island Monroe County 5510 College Rd., 46900 3 $90.00 $200.00 Detention Center#7 Stock Island Records Storage 530 Whitehead St. Key 46945 3 $90.00 $200.00 facility West Monroe County 5510 College Rd., 47143 2 $90.00 $ 200.00 Detention Center#4 Stock Island Monroe County 5510 College Rd., 47144 2 $90.00 $200.00 Detention Center#5 Stock Island Monroe County 5510 College Rd., 47274 2 $90.00 $200.00 Detention Center#3 Stock Island Monroe County 5510 College Rd., 47275 2 $90.00 $200.00 Detention Center#1 Stock Island Monroe County 5510 College Rd., 47276 2 $90.00 $200.00 Detention Center#2 Stock Island Marathon Airport 9400 Overseas Hwy., 47834 2 $90.00 $200.00 Marathon Sheriffs 5525 College Rd., 50030 3 $90.00 $200.00 Administration Stock Island Building 4 COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE Serial Landings Monthly Annual BUILDING LOCATION Number 9 inspection Certification Sheriff's 5525 College Rd., 50031 3 $90.00 $200.00 Administration Stock Island Building Harvey Government 1200 Truman Ave., Key 51768 3 $90.00 $200.00 Center West Plantation Key 52 High Point Rd., 56110 2 $90.00 $200.00 Detention Center Plantation Key Key West Courthouse 500 Whitehead St., Key 56216 3 $90.00 $200.00 Dumbwaiter West Monroe County Court 500 Whitehead St., Key 56691 4 $90.00 $200.00 House West Gato Building 1100 Simonton St., Key 60239 2 $90.00 $ 200.00 West Department of 5525 College Rd., 61607 3 $90.00 $200.00 Juvenile Justice#1 Stock island Department of Juvenile 5525 College Rd., 61608 3 $90.00 $200.00 Justice#2 Stock Island Sheriff's Aviation 10100 Overseas Hwy., 74025 2 $90.00 $200.00 Hanger Marathon Freeman Justice 302 Fleming St., Key 88432 2 $90.00 $200.00 Center#1 West Freeman Justice 302 Fleming St., Key 88433 2 $90.00 $200.00 Center#2 West Freeman Justice 302 Fleming St., Key 88434 2 $90.00 $200.00 Center#3 West Freeman Justice 302 Fleming St., Key 88435 3 $90.00 $200.00 Center#4 West Freeman Justice 302 Fleming St., Key 88436 2 $90.00 $200.00 Center#5 West Freeman Justice 302 Fleming St., Key 88437 2 $90.00 $200.00 Center#6 West Big Pine Key Park 31009 Atlantis, Big Pine 94425 2 $90.00 $200.00 Community Bldg. Key Murray E.Nelson 102050 overseas Hwy., 94927 2 $90.00 $200.00 Government and Key Largo Cultural Center Big Pine Key Fire 390 Key Deer Blvd., 97137 2 $90.00 $ 200.00 Station Big Pine Key # 13 Stock Island Fire 5655 MacDonald Ave., 100380 2 $90.00 $200.00 Station# 8 Stock Island Key West Light House 938 Whitehead St., 2 $50.00 $200.00 Wheel chair Lift Key West 5 COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE A. Service Rates Regular Rate for Mechanic Monday- Friday 8am to 5pm $70.00 p er hour Rate for Mechanic and Helper Monday- Friday 8am to 5pm $105.00 p er hour After Hours Monday- Friday and Weekend Labor Rates for Mechanic $85.00 p er hour After Hours Monday- Friday and Weekend Labor rate for Mechanic and Helper $150.00 p er hour Holiday Rates (Federal Holidays) Markup of Materials above vendor cost Equipment fees (if Applicable) On Call Response Time Regular Hours Monday — Friday 8am — 5pm Urgent (risk of property damage or long term health risk) Emergency (high risk or danger of injury or loss of life) Number of employees available for emergency calls $95.00 p er hour 20 % N/A 4 Hours minutes /hours 2 Hours minutes /hours 2 Hours minutes /hours 16 C. The cost of parts (excluding freight and sales tax) shall be the manufacturer cost plus 20 %. Freight and sales tax will be reimbursed at the amount charged only. The manufacturer's invoice must accompany all requests for payment regardless of the cost. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not, regardless of the cost associated therewith. 4. 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. 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 a proper invoice by Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. 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. C. The County will not pay Contractor for costs for travel, mileage, meals or lodging. COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE 5. TERM OF AGREEMENT This Agreement shall commence on December 1, 2016, and ends upon November 30, 2017, unless terminated earlier under paragraph 19 of this Agreement. The County shall have the option to renew this Agreement for up to two (2) additional 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) year. The Contract amount may 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. 6. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement. 7. 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 interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. 8. 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: COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE (1) Keep and maintain public records that would be required by the County to perform the service. (2) 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. (3) 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. (4) 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. (5) 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 section 119.10, 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. 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 - BRIANQ)MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040 9. HOLD HARMLESS, INDEMNIFICATION, AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) 8 COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no -fault coverage, with limits of liability of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $ 100,000.00 per person, $ 300,000.0 per occurrence, and $ 50,000.00 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. 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. CERTIFICATES 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 COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE 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 ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. 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. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement Contractor is an independent 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. 12. NONDISCRIMINATION Contractor agrees 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. Contractor agrees 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 Discrimination 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 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. 10 COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE 13. 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, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 14. 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. 15. 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. 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. 16. 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. W COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE 17. 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 Monroe County Project Management Department 1100 Simonton Street, Room 2 -216 Key West, FL 33040 and FOR CONTRACTOR Maverick United Elevator LLC. 1069 NW 122 Street Medley, Florida 33178 Monroe County Attorney Post Office Box 1026 Key West, FL 33041 -1026 18. 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. 19. TERMINATION a. The County may terminate this Agreement with or without cause prior to the commencement of work. b. The County 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. C. 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. 20. GOVERNING LAW, 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. 21. 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. 12 COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE 22. 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. 23. 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 costs at all levels of the court system including in appellate proceedings. 24. 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 each 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 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. 25. 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. 26. 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. 27. 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. 13 COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE 28. 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. 29. 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. 30. 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 constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, 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. 32. 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. 33. 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. 14 COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE 34. 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. 35. 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. 36. 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 37. 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. 38. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 39. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. BALANCE OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE TO FOLLOW. 15 COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this V nthe day and date first written above in four (4) counterparts, each of which shall, for accounting for the other counterparts, be deemed an original contract. BOARD OF COUNTY COMMISSIONERS MADOK ,CLERK OF MO ROE C � `I;Y, FL�O�IDA By: � Clerk Mayor Date: Date: 19 2 -1- 7 I nesses for CONTRA R: Signature 84 7116 e � j s f• y �vz •... Date r' t Name Signatur IQ 1 (" 160a 502co Date Prmt Name Maverick Unitdd Elevator LLC. authorized to FACTOR Date: in / z PrirgName and Title Address 006 NUS U,ff ryl 0 0 FL 30s no & z72- Telephone Number Z ROE NTY ATTORNEY'S OFFICE �(ED A TO M PATRICIA EAGLES ASSISTANT COUNTY A RNEY DATE: J� a� N c_ i r+ II(l COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE APPLICATION FOR PAYMENT DETAILS DATE: ARRIVAL TIME: LOCATION: ROUTINE: DEPARTURE TIME: ELEVATOR SERIAL #: REPAIR: PARTS AND MATERIALS COSTS * ITEM DESCRIPTION UNIT PRICE QUANTITY SUB TOTAL PARTS & MATERIALS SUB TOTAL $ % INCREASE ON ABOVE PARTS & MATERIALS $ SERVICES SUPPLIED BY OTHERS(amount charged to be reimbursed)$ FREIGHT CHARGE (amount charged to be reimbursed) $ TAX CHARGES (amount charged to be reimbursed) $ PARTS & MATERIALS TOTAL $ LABOR AND EQUIPMENT COSTS HOURS @ $ HOURS @ $ LABOR & EQUIPMENT TOTAL TOTAL SUB -TOTAL $ SUB -TOTAL $ S DESCRIPTION OF WORK: Date: Authorized Signature /Title: * Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts, & materials, freight for transportation/shipping costs, equipment rental amounts, taxes and services supplied by others. 17 MAVER -2 OP ID: MA ,a 11. R CERTIFICATE OF LIABILITY INSURANCE D (MM / 1 1 016Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The The John Galt Insurance A gency 6300 NW 5th Way, Suite 100 Ft. Lauderdale, FL 33309 John Galt Insurance Agency CONTACT DEPARTMENT PHONE F ax A/C No Ell 954 - 440 - 2800 A/C No) 954 - 440 - 2833 E ss: commercial@john X COMMERCIAL GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC # INSURER A: Kinsale Insurance Company EACH OCCURRENCE INSURED Maverick United Elevator, LLC INSURER B: Prog ressive Insurance Co. CLAIMS -MADE X OCCUR David Alvarez 10639 NW 122 Street INSURER C: CAROLINA CASUALTY INS. CO. 0100037814 -0 INSURER D : 04/20/2017 Medley, FL 33178 INSURER E: $ 100,000 INSURER F: $ EXCLUDE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. I NSR TYPE OF INSURANCE ADDL SUB POLICY NUMBER MMDDNYYY MM DDNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE X OCCUR X 0100037814 -0 04/20/2016 04/20/2017 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ EXCLUDE PERSONAL & ADV INJURY § 1,000,00 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 GEN'L X POLICY [7] PRO D LOC JECT PRODUCTS - COMP /OP AGG $ 2,000,00 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident § 500,000 BODILY INJURY (Per person) $ B ANY AUTO X 01701186 -4 0612712016 06/27/2017 ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) § NON -OWNED HIREDAUTOS AUTOS O PR d n ( Pe r $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ § C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? El (Mandatory in NH) NIA BNUWC0116886 05111/2016 05/1112017 X ST PER 0TH- ATUTE 7X ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) APPR ED GEMENj BY DAT ER N/A YES _ CERTIFICATE HOLDER CANCELLATION ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTH REPRESENTATIVE Key West, FL 33040 ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD