Item B04County off Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: B.4
Agenda Item Summary #3277
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549
None
AGENDA ITEM WORDING: Approval of Second Renewal Agreement with Master Mechanical
Services, Inc. for A/C maintenance and repair services for the Upper Keys' facilities, increases
hourly rates, and amends public records language. Ad valorem funding.
ITEM BACKGROUND: The original agreement with Master Mechanical Services, Inc. was
awarded on November 17, 2015, for a one year term and provided for two (2) additional one-year
renewal options. The first renewal extended the term to November 30, 2017, and the parties now
wish to exercise the second option to renew for one (1) additional year which will commence on
December 1, 2017, and terminate on November 30, 2017. The amendment also includes the CPI-U
adjustment of 2.1% for labor costs, which increases regular hourly rates for a mechanic from $51.98
to $53.07, for a mechanic plus helper from $96.15 to $98.17, and the overtime hourly rates increased
from $77.97 to $79.61 and for a mechanic plus helper from $144.24 to $147.27. The public records
provision is updated pursuant to current law.
PREVIOUS RELEVANT BOCC ACTION:
10-19-16 BOCC approved the First Amendment Renewal Agreement extending term to
11-30-17 and CPI increase.
11-17-16 BOCC approved award of bid and contract with Master Mechanical Services, Inc. for
A/C maintenance and repair services for Upper Keys facilities.
CONTRACT/AGREEMENT CHANGES:
Extends term of agreement for one year; increases hourly labor costs under CPI-U adjustment, and
revises public records language as noted.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2nd Renewal Master Mechanical
1st Renewal Master Mechanical - executed (10-19-16)
Master Mechanical Contract Upper Keys AC - executed (11-17-15)
Cert. of Insurance 2017-2018 - Master Mechanical
FINANCIAL IMPACT:
Effective Date: 12/01/2017
Expiration Date: 11/30/2018
Total Dollar Value of Contract: $50,000
Total Cost to County: $50,000
Current Year Portion: $41,666.70
Budgeted: Yes
Source of Funds: 001-20501 530340, 147-20503-530340, 101-20505-530340
CPI: Yes
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant: No
County Match: N/A
Insurance Required: Yes
Additional Details:
If yes, amount:
This renewal increases the cost of HVAC repairs by 2.1%. The actual amount per year depends
on the demand for repair services. Based upon the base contract amount of $60,000, the 2.1%
increase will cost $1,260/year
12/01/17 001-20501 - FACILITIES MAINTENANCE
12/01/17 101-20505 -CORRECTION FACILITIES
12/01/17 147-20503 - UNINC PARKS & BEACHES
Total:
REVIEWED BY:
Kevin Wilson
Patricia Eables
William DeSantis
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
Completed
Completed
Completed
Completed
Completed
Completed
$40,000.00
$5,000.00
$5,000.00
$50,000.00
08/29/2017 12:25 PM
08/31/2017 4:19 PM
09/05/2017 4:02 PM
09/05/2017 4:04 PM
09/06/2017 11:01 AM
09/06/2017 11:02 AM
09/20/2017 9:00 AM
SECOND AMENDMENT SECOND RENEWAL AGREE' ME NT
CENTRAL A/C REPAIR SERVICES FOR
UPPER KEYS FACILITIES. MONROE COUNTY, FLORID
THIS SECOND AMENDMENT SECOND RENEWAL AGREEMENT is made and
entered into this 20th day of September, 2017, between MONROE COUNTY (hereinafter
"County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC.,
("CONTRACTOR"), a Florida corporation, whose address is 15181 NW 33 Place, Mialm,
Florida 33054.
WHEREAS, the parties hereto did on November 1.7, 2015, enter into an agreement for
central A/C repair services for the Upper Keys Facilities, Monroe County (hereinafter "Original
Agreement"); and
WHEREAS, on October 19, 2016, the BOCC approved the First Amendment First
Renewal Agreement; and
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WHEREAS, the parties have found the Original Agreement as amended to be nultUally
beneficial; and
WHEREAS, the parties find that it would be mutually beneficial to enter into this Second
Amendment Second Renewal Agreement-,
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
a. Exercises the option to renew the Original Agreement for the second of the two
(2) one-year terms. This term will commence on December 01, 2017, and
terminate November 30, 2018; and
b. The amount shall be adjusted in accordance with the percentage change in the
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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 2.1 %.
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a, ItC111 2E under Contract Amount, hourly rate for a Mechanic shall increase from
$51.9$ to $53.07 during iiorinal working hOL11-S Of 8:00 aryl to 5:00 Prn, MC)II(laY
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through Friday, excluding holidays; hourly rate for a mechanic Plus helper shall
increase from $96.15 to $98.17.
b. Itern 2F under Contract Amount, the overtime labor rate shall increase from
$77.97 to $79.61 for hours not stated above, including holidays and facilities that
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___1 Packet Pg. 98 1
conduct critical business; hourly rates for a i-nechanic plus helper shall increase
from $144.24 to $147.27.
3. In accordance with Paragraph 7 of the Original Agreement, PUBLIC ACCESS shall
read as follows.,
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 • "public record" materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
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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 Fla. Star. Section 119,0701 and the terms and conditions of this contract, the
Contractor is required to.-
(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 rho 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.
Packet Pg. 99
(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.
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 CQNTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT
PHONE# 305-292-3470 BRADLEY -BRIAN@ NIONROECOUNTY -FL-G0V
MONROE COUNTY ATTORNEY'S OFFICE 1111 12 T11 Street, SUITE 408. KEY
WEST, FL 33040.
4. Except as set forth in paragraph I and 2 of this Second Amendment Second
Renewal Agreement, in all other respects, the terms and conditions set forth in the
Original Agreement as Amended remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: KEVIN MADOK, CLERK
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Mayor/Chairperson
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CONTRACTOR:
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FIRST AMENDMENT FIRST RENEWAL AGREEMENT
CENTRAL A/C REPAIR SERVICES FOR
UPPER KEYS FACILITIES, MONROE COUNTV, FLORIDA
THIS FIRST AMENDMENT FIRST RENEWAL AGREEMENT is made and entered
into this 19th day of October, 2016, between MONROE COUNTY (hereinafter "County" or
"Owner"), a political subdivision of the State of Florida, whose address is I 100 Simonton Street,
Key West, Florida 33040, and MASTER MECHANICAL SERVICES,
("CONTRACTOR"), a Florida corporation, whose address is 15183 NW 33 Place, Miami, FL
33054.
WHEREAS, the parties hereto did on November 17, 2015 enter into an agreement for
central A/C repair services forte Upper Keys Facilities, Monroe County (hereinafter "Original
Agreement"); and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial
and-,
WHEREAS, the parties find that it would be mutually beneficial to enter into this first
amendment renewal agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
1. In accordance with Paragraph 4 of the Original Agreement, the County:
a. Exercises the option to renew the Original Agreement for the first of the two (2)
one-year terms. This term will commence on December 01, 2016 and terminate
November 30, 2017; and
b. The amount shall be adjusted in accordance with the percentage change in the
U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban
Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of
the previous year
a. Item 2E under Contract Amount, hourly rate for a mechanic shall increase from
$51.61 to $51.98 during normal working hours of 8:00 am to 5:00 pm, Monday
through Friday, excluding holidays; hourly rate for a mechanic plus helper shall
increase from $95.48 to $96.15.
b. Item 2E under Contract Amount, the overtime labor shall increase from $77.42 to
$77.97 for hours not stated above, including holidays and facilities that conduct
critical business; hourly rates for a mechanic plus helper shall increase from
$143.23 to $144.24.
3. Except as set forth in paragraph I and 2 of this First Amendment First Renewal
Agreement, in all other respects, the terms and conditions set forth in the Original
Agreement remain in full force and effect.
ITNESS WHEREOF, the parties hereto have set their hands and seals the day and
6e written.
Dep'uty Clerk
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This Agreement is made and entered into this I day of 201S,
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
MASTER MECHANICAL SERVICES, INC., ("CONTRACTOR"), a Florid.�t
corporation, whose address is 15181 NW 33 Place, Miami, FL 33054.
WHEREAS, COUNTY desires to provide central air conditioning repair
services for the Upper Keys Facilities, Monroe County, and
WHEREAS, CONTRACTOR desires and is able to provide central AlC repair
services for Upper Keys Facilities, Monroe County; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
central air conditioning repair services for Upper Keys facilities, Monroe County, now
therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein,
it is agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any
addenda only.
2. SCOPE OF THE WORK
The Contractor shall furnish all labor, materials, equipment, tools, transportation,
services, and incidentals, and perform all the work necessary in accordance with the
specifications entitled:
CENTRAL AIR CONDITIONING REPAIR
UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA
A) Routine repairs and maintenance of all county maintained central air
conditioning units in the Upper Keys area.
B) Emergency repairs of all county maintained central air conditioning units
in the Upper Keys area. The CONTRACTOR shall be available 24 hours per day, 365
days per year. The CONTRACTOR shall be at the site of an air conditioning
malfunction within three (3) hours of verbal or written notification by the COUNTY.
The CONTRACTOR shall provide an after hours contact person and phone number. The
COUNTY, upon award of the contract, shall provide a contact person and phone number
for building and equipment access.
Q The CONTRACTOR shall have access to a supply of all parts and controls
normally necessary for the emergency repairs of all county maintained central air
conditioning units so that such emergency repairs will be completed within 48 hours of
notification by the COUNTY.
D) The COUNTY shall reimburse the CONTRACTOR for the
Manufacturer's invoice cost of all parts and materials (excluding freight,
tax, services supplied by others and equipment rental), plus percentage
indicated in section 3D oft is agreement, that are used in the repair of all
county maintained central air conditioning units. Manufacturer's invoice
must accompany all requests for payment. All parts and materials shall be
of equal or greater quality as compared to 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.
E) In the event of a major component failure or system breakdown, the
COUNTY, when deemed as an emergency situation, shall have the option
to request from the CONTRACTOR only, a proposal/quote for
replacement equipment in an amount that could exceed Five Thousand
Dollars ($5,000). Any proposal over $5,000 up to and including $10,000
must be approved and signed by the Division Director and/or the County
Administrator. Any proposal over $10,000 up to and including
$49,999.99 must be approved and signed by the Division Director and the
County Administrator.
F) The facilities are located throughout the Upper Keys, from Conch Key up
to and including Key Largo, Florida. Buildings to be serviced shall include, but shall not
be limited to, the following:
GOVERNMENT CENTERICOURTHOUSE
Highpoint Road, Plantation Key
COUNTY OFFICES — SOCIAL SERVICES & CODE ENFORCEMENT
Highpoi nt Road, Plantation Key
CARPENTER SHOP
Highpoint Road, Plantation Key
SENIOR CITIZEN CENTER/AARP
Highpoint Road, Plantation Key
TEMPORARY COURTROOM
Government Complex, Plantation Key
SHERIFF'S OFFICES — FIRST APPEARANCE
US 1, Plantation Key (former mobile trailer)
JERRY ELLIS BUILDING GOVERNMENTAL CENTER COMPLEX
88800 Overseas Highway, Plantation Key
SPOTTSWOOD STATION
88770 Overseas Highway, Plantation Key
PLANTATION KEY DETENTION FACILITY/JAIL
53 Highpoint Road, Plantation Key
TAVERNIER FIRE STATION
Marine Avenue, Tavernier
KEY LARGO LIBRARY
U.S. Highway # I MM 10 1, Tradewinds Shopping Center, Key Largo
ISLAMORADA LIBRARY
81.5 Bayside, Isla morada
ROTH BUILDING
48 Highpoint Road, Plantation Key
MONROE COUNTY COMMUNICATION BUILDING
Key Heights Drive, Plantation Key
MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER
102050 Overseas Highway, Key Largo
The Contractor shall be responsible to obtain any necessary permits during the
term oft is contract.
2. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation byte Board of County Commissioners.
B. COUNTY shall pay in accordance with the Florida Local Government
Prompt Payment Act; payment will be made after delivery and inspection by COUNTY
and upon submission of invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, at completion of the work/repair by the
CONTRACTOR and approval by the on -site COUNTY representative. Acceptability to
the Clerk is based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds.
D. COUNTY shall pay the actual cost of parts, materials and refrigerants,
excluding freight, equipment rental, tax amounts, and services supplied by others
purchased from the manufacturer plus 20 2/6 to fulfill the obligations of the
Contract. Freight, equipment rental, tax amounts, equipment rental amounts and services
supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice
must accompany all requests for payment. Freight invoices must accompany all orders
that require shipping or transportation of parts whether the part is under warranty or not
(see 2.D.).
E. The cost of labor used by the contractor to fulfill the obligation of the
Contract. The labor costs will be calculated using the unit prices set forth in the
Contractor's bid as follows:
Labor — Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays:
$ 51.61 per hour, mechanic
$ 95.48 per hour, mechanic plus helper
Overtime rate for hours other than the non-nal working hours as
stated above, including holidays:
S 77.42 per hour, mechanic
$ 143.23 per hour, mechanic plus helper
Such costs must be documented for each repair and/or maintenance job and included with
all Applications for Payment.
Refrigerants evacuation and disposal shall be a part of the Contractor's rate, and
shall not be billed as an additional item. Contractor shall provide all Refrigerants weight
and compliance reports as per EPA refrigerant recycling regulations under section 608 of
the Clea-t.4ir Act and ameniai.ents.
The air conditioning units to be maintained are installed at County Facilities
located throughout the Upper Keys. Window and portable units may, from time to time,
be submitted for analysis for economical repair. If the Contractor finds that the unit is
economically repairable, the Contractor will submit an estimate for repair to the Owner.
The Owner may, at his discretion, have the Contractor repair the window or portable unit
in keeping with the estimate.
There are no additional costsfor travel, mileage, meals, or lodging.
Contractor shall submit with all invoices the Application for Payment form
attached.
F. Total Compensation to CONTRACTOR under this Agreement shall not
exceed FIFTYTI IOUSAND AND NO/] 00 DOLLRS ($50,000.00) unless pre -approved
emergency work requiring additional funds is implemented.
4. TERM OF AGREEMENT
This Agreement shall commence on December 01, 2015, and ends upon November 30,
2016, unless ten-ninated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to aM
additional two (2) one year periods at terms and conditions mutually agreeable to t
parties, exercisable upon written notice given at least 30 days prior to the end of t
initial term. Unless the context clearly indicates otherwise, references to the "term"
this Agreement shall mean the al term of one (1) year. I
The Contract amount may be adjusted annually in accordance with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CPT-U) for all
Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of
the previous year using the most recently published indicator.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses and approvals shall be submitted to the
COUNTY upon execution of this Agreement.
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
12arL, to this A,_Qreement for public records yuryoses 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.
7. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, a]
inspection of, all documents, papers, letters or other materials in its possession or und
its control subject to the provisions of Chapter 119, Florida Statutes, and made
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; a
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation
this provision by CONTRACTOR.
Notwithstanding any minimum insurance requirements prescribed elsewhere in th
agreement, Contractor shall defend, indemnify and hold the COUNTY and t
COUNTY's elected and appointed officers and employees harmless from and against
any claims, actions or causes of action, (ii) any litigation, administrative proceeding
appellate proceedings, or other proceedings relating to any type of injury (includi
death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expens
that may be asserted against, initiated with respect to, or sustained by, any indemnifi
party by reason of, or in connection with, (A) any activity of CONTRACTOR or any
its employees, agents, sub -contractors or other invitees during the te f th
AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR7oroany
its employees, agents, sub -contractors or other invitees, or (C) CONTRACTOR's defau
in respect of any of the obligations that it undertakes under the terrms of th
AGREEMENT, except to the extent the claims, actions, causes of action, litigatio
proceedings, costs or expenses arise from the intentional or sole negligent acts
omissions of the COUNTY or any of its employees, agents, contractors or invitees (oth
than CONTRACTOR). Insofar as the claims, actions, causes of action, litigatio
proceedings, costs or expenses relate to events or circumstances that occur during t
term of this AGREEMENT, this section will survive the expiration of the term of th
AGREEMENT or any earlier termination of this AGREEMENT.
The extent of liability is in no way limited to, reduced, or lessened by the insuran
requirements contained elsewhere within this agreement. Failure of CONTRACTOR
comply with the requirements of this section shall be cause for immediate termination
this agreement. I
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 INSURANCI
Where applicable, coverage to apply for all employees at a minimum statutory limits
required by Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Mot(
vehicle liability insurance, including applicable no-fault coverage, with limits of liabilii
of not less than $100,000.0 per occurrence, combined single limit for Bodily Injui
Liability and Property Damage Liability. Coverage shall include all owned vehicles, a
non -owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage wit
limits of liability of not less than S300,000.00 per occurrence combined single limit f(
Bodily Injury Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provide
to the COUNTY at the time of execution of this Agreement and certified copies provide•
if requested. Each policy certificate shall be endorsed with a provision that not less tho
thirty (30) calendar days' written notice shall be provided to the COUNTY before ar
policy or coverage is canceled or restricted. The underwriter of such insurance shall 1:
qualified to do business in the State of Florida. If requested by the County Administrato
the insurance coverage shall be primary insurance with respect to the COUNTY, i
officials, employees, agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAME,►
AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT )TORKEff
COMPE, NSA TION,
9. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
COUNTY and CONTRACTOR in this Agreement and the acquison of any commerci
liability insurance coverage, self-insurance coverage, or local government liabili
insurance pool coverage shall not be deemed a waiver of immunity to the extent
liability coverage, nor shall any Agreement entered into by the COLNTY be required
contain any provision for waiver. I
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Monroe
County. No statement contained in this agreement shall be construed so as to find
CONTRACTOR or any of his employees, subcontractors, servants, or agents to be
employees of the Board of County Commissioners of Monroe County.
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 197
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination o
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
794), which prohibits discrimination on the basis of handicaps; 4) The A
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibi
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 197
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment an
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on t
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 52
and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (4
USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financin
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note),
maybe amended from time to time, relating to nondiscrimination on the basis
disability; 10) Any other nondiscrimination provisions in any Federal or state statut
which may apply to COUNTY and CONTRACTOR to, or the subject matter of, th
Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County and CONTRACTOR, which approval shall be subject
to such conditions and provisions as the Board may deem necessary. This paragraph
shall be incorporated by reference into any assignment or subcontract and any assignee or
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.
0. 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.
14. 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. 112.3 11, 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 employmen!
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.
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor
payment or surety for any contract, debt, obligation, judgment, lien, or any form
indebtedness. CONTRACTOR further warrants and represents that it has no obligati
or indebtedness that would impair its ability to fulfill the terms of this contract. I
16. 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, tothe following:
Monroe County
Public Works Facilities Maintenance
I 100 Simonton Street
Key West, FL. 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
Master Mechanical Services. Inc.
15181 NW 33 Place
Miami. Florida 33054
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxe
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption fro
paying sales tax to its suppliers for materials used to fulfill its obligations under th
contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exempti
Number in securing such materials. CONTRACTOR shall be responsible for any and
taxes, or payments of withholding, related to services rendered under this agreement.
18. TERMINATION
A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with
seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the
obligations of either party to perform the obligations enumerated under this Agreement.
B. Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so with neither party
having,any further obligation under the term s of the contract upon termination.
19. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws oft e
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.
20. 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.
21. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the applicati
thereof to any circumstance or person) shall be declared invalid or unenforceable to a
extent by a court of competent jurisdiction, the remaining terms, covenants, conditio
and provisions of this Agreement, shall not be affected thereby; and each remaining te
covenant, condition and provision of this Agreement shall be valid and shall
enforceable to the fullest extent permitted by law unless the enforcement of the remaim
terms, covenants, conditions and provisions of this Agreement would prevent t
accomplishment of the original intent of this Agreement. The COUNTY a
CONTRACTOR agree to reform the Agreement to replace any stricken provision wit
valid provision that comes as close as possible to the intent of the stricken provision. I
22. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action
administrative proceeding is initiated or defended by any party relative to t
enforcement or interpretation of this Agreement, the prevailing party shall be entitled
reasonable attorney's fees and attorney's fees, in appellate proceedings. Each pa
agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it I
the prevailing party or not, through all levels of the court system. I
23. ADJUDICATION OF DISPUTES OR DISACREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall
attempted to be resolved by meet and confer sessions between representatives
COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 d
after the first meet and confer session, the issue or issues shall be discussed at a publ
meeting of the Board of County Commissioners. If the issue or issues at e stil ' n
resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall hal
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
C4. 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.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions aft is Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Each party represents and warrants tote 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.
27. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COLNTY 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.
28. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinance
and rules and pensions and relief, disability, workers' compensation, and other benefi
which apply to the activity of officers, agents, or employees of any public agents
employees of the COUNTY, when performing their respective functions under th
Agreement within the territorial limits of the COUNTY shall apply to the same degr
and extent to the performance of such functions and duties of such officers, agent
volunteers, or employees outside the territorial limits of the COUNTY.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participati
entity from any obligation or responsibility imposed upon the entity by law except to t
extent of actual and timely performance thereof by any participating entity, in which ca
the performance may be offered in satisfaction of the obligation or responsibilit
Further, this Agreement is not intended to, nor shall it be construed as, authorizing t "I
delegation of the constitutional or statutory duties of the COUNTY, except to the exte
permitted by the Florida constitution, state statute, and case law.
30. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any term, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
31. 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.
32. 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.
33. 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
•thN j,?.i0ftmM=TWpnx,-,,cute thi"A reement by sigrtmv anks such
counterpart.
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience
reference only, and it is agreed that such section headings are not a part of th
Agreement and will not be used in the interpretation of any provision of this Agreement.1
35. 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 p4orm 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."
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.
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
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.
IN WITNESS WHEREOF, COLNTY and CONTRACTOR hereto have executed
this Agreement on the day and date first written above in four (4) counterparts, each of
which shall, without proof or accounting for the other counterparts, be deemed an
kte,lj contract.
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ITEM DESCRIPTION
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PARTS AND MATERIALS COSTS
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PARTS, MATERIALS & REFRIGERANTS SUB -TOTAL
% INCREASE ON ABOVE PARTS, MATERIALS & REFRIGERANTS
FREIGHT CHARGE
TAX CHARGES
PARTS, MATERIALS & REFRIGERANTS TOTAL
—HOURS@
HOURS @
LABOR & EQUIPMENT TOTAL
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Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts, materials&
•
others.
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CERTIFICATE OF LIABILITY INSURANCE
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Certificate holder Is an ADDITIONAL INSURED, the malcybes) must be endorsed. If SUBROGATION IS WAIVED, subject to
-., terms and conditions of the policy, v a o :s may , : ., an endorsement A stateme 8 on this Certificate does o_ to the
Certificate holder nd is
PRODUCER
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DESCRIPTION OF OPERATTONSI LOCATIONS I VEHICLES (AGREE 101, Adifidonal Romarks Schedule. enzy be athichn! IT ineto apacet Is required)
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Liability and Auto Liability.
A! MEf4T
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MONR-12
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County
ACCORDANCE WITH THE POLICY PROVISIONS.
Board of Comissioners
AUYHORRED REPRESIMITAT(a
1100 Simonton Street #2-284
Key West, FL 33040
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (20141D9) The ACORD name and logo are registered marks of ACORD