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Item F03BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 f T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2 t� ) ��` �� ' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting November 22, 2016 Agenda Item Number: F.3 Agenda Item Summary #2271 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Chris Rivera (305) 292 -4523 N/A AGENDA ITEM WORDING: Award and Approval of contract with Maverick United Elevator, LLC for Complete Elevator Maintenance and waiver of irregularity contained in Maverick's proposal. Contract amount to be about $77,000.00 figured on the hourly rates given by Maverick United Elevator, LLC. ITEM BACKGROUND: On September 14, 2016 two proposals for Elevator maintenance and repair were received and opened in the purchasing department. Maverick was determined to be the lowest bidder and was submitted to the legal department for review, which included performance of a background check. Upon completion of the background check and investigation, the legal department concluded that while Maverick failed to include a pending lawsuit in its response that Maverick believed that the lawsuit had been dismissed and did not intentionally omit this information and therefore this irregularity in the proposal could be waived by the BOCC and allow for award of the contract. There are thirty -six (36) elevators in Monroe County facilities located countywide that require annual inspections, repairs and maintenance. The current contract with Maverick United Elevator LLC expired on July 17, 2016, but it was approved to a month -to -month basis pending receipt of new bids. Sealed bids were opened on September 14, 2016, with two respondents: Mowery Elevator Company of Florida, Inc. and Maverick United Elevator LLC. After analyzing the two bids, Staff determined that Maverick United Elevator is the lowest responsive bidder. PREVIOUS RELEVANT BOCC ACTION: On July 17, 2013 BOCC approved to enter into contract with Maverick United Elevator, LLC. for Complete Elevator Service Maintenance CONTRACT /AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Staff recommends the BOCC approval to enter into contract with Maverick United Elevator LLC. DOCUMENTATION: Elevator Contract signed FINANCIAL IMPACT: Effective Date: December 1, 2016 Expiration Date: November 30, 2017 Total Dollar Value of Contract: 9,500.00 Total Cost to County: 9,500.00 Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: NO Grant: N/A County Match: Insurance Required: Additional Details: If yes, amount: 77,000.00 in maintenance and repairs 11/22/16 001 -20501 - FACILITIES MAINTENANCE 11/22/16 101 -20505 -CORRECTION FACILITIES 11/22/16 147 -20503 - UNINC PARKS & BEACHES Total: REVIEWED BY: Alice Steryou Christine Limbert Doug Sposito Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed Completed Completed Completed Completed Completed Pending $35,000.00 $35,000.00 $7,000.00 $77,000.00 10/27/2016 3:08 PM 10/28/2016 1:29 PM 11/01/2016 7:15 AM 11/02/2016 9:28 AM 11/02/2016 9:39 AM 11/02/2016 12:44 PM 11/22/2016 9:00 AM COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE AGREEMENT FOR COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE MONROE COUNTY, FLORIDA This Agreement is made and entered into this 22nd day 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 Maver United Elevator, Limited Liability Corporation whose address is 10639 NW 122 " 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) BUILDI LOCATION Serial # Landings Monroe County Courthouse Annex 502 Whitehead St., 37419 4 Key West Plantation Key Courthouse US I/ High point Rd., 37641 2 Plantation Ke J . Lancelot Lester Justi 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 Ke 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 # an 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 Marath 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 Key Key West Courthouse Dumbwaiter 500 Whitehead St., 56216 3 Key West Monroe County Court House 500 Whitehead St., 56691 4 Ke 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 Sheriffs Aviation Hanger 10100 Overseas Hwy., 74025 2 Marathon Freeman Justice Center#1 302 Flemin St., Key West 88432 2 Freeman Justice Center#2 302 Flemin St., Key West 88433 2 Freeman Justice Center#3 302 Fleming St., Key West 88434 2 Free Justice Cen ter#4 302 Fleming St., Key West 88435 3 Free man Justice Center#5 302 Fleming St., Key West 88436 2 Freeman Justice Center#6 302 Flemin St., Ke W est 88437 2 Big Pine Key Park Community 31009 Atlantis, Big Pine Key Bldg. 94425 2 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., Quarters Key West 2 .0 { , , 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: BUILDING Serial Landings Monthly Annual LOCATION Number inspect on Certification Monroe County 502 Whitehead St., Key 37419 4 $90.00 $ 200.00 Courthouse Annex _�... West Plantation Key US I/ High point Rd., 37641 2 $90.00 _ ........... .................... $ 200.00 Courthouse Plantation Ke J. Lancelot Lester 530 Whitehead St. Key 39503 3 $90.00 $ 200.00 Justice BuildinR West Plantation Key Ellis 88800 Overseas Hwy, 40616 2 $90.00 $ 200.00 Building Plantation Ke 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 An nex 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 Buildin COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE BUILDING Serial Landings Monthly Annual LOCATION Number inspection Certificat Sheriff's 5525 College Rd., 50031 3 $90.00 $ 200.00 Administration Stock Island Buildin 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 Islan 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 Wes_ t 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 Communit Bld . Ke 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 I Key West .0 a a a COMPLETE ELEVATOR AND LIFT SERVICE MAINTENANCE A. Service Rates Regular Rate for Mechanic Monday- Friday Sam to 5pm $70.00 per hour Rate for Mechanic and Helper Monday -Friday Sam to 5pm $1.05.00 per hour After Hours Monday- Friday and Weekend Labor Rates for Mechanic _$85.00_ per hour After Hours Monday- Friday and Weekend Labor rate for Mechanic and Helper $150.00 pa 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 per hour 20 % 2 0 N/A 4 Hours minutes/hours 211ours minutes /hours 2 Hours minutes /hours 0 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. 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 sectionl19.10, Florida Statutes. The Contractor shall not transfer custody release alter, destroy or otherwise dispose of any ublic 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 - BRIAN n)MONROECOUNTY- FL.GOV MONROE COUNTY ATTORNEY'S OFFICE III 1 12TH Street SUITE 4011 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 LIABILTTY 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 0 0.00 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, $ 3W000,0 per occurrence, and .5 50, 000. 00 X100. 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. 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 R] 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 - WAIVED 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 RE Ii I REMEN`t S 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. 11 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 Monroe County Attorney Post Office Box 1026 Key West, FL 33041 -1026 FOR CONTRACTOR Maverick United Elevator LLC. 1069 NW 122 "�' Street M edley , Florida 33178 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 (SEAL) Attest: AMY HEAVILIN, CLERK as Witnesses for CONTRACTOR: Signature .0 1 = 1pm I no "M Date Pri Vanne I iiiiii! 111111 1111111111111111, 1 0. w1wa "T.Mm"Iff" In- ... .... .. .. Packet Pg. 90 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 @ $ SUB -TOTAL $ LOURS $ SUB -TOTAL $ LABOR & EQUIPMENT TOTAL TOTAL DESCRIPTION OF Date: Authorized SiMture /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