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Item C14 C.14 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting March 21, 2019 Agenda Item Number: C.14 Agenda Item Summary #5277 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549 None AGENDA ITEM WORDING: Approval to award bid and enter into an Agreement with Air Mechanical and Service Corp., in an annual amount not to exceed $220,000, for Chiller Maintenance & Service in Monroe County. Funding is Ad Valorem. ITEM BACKGROUND: A new Request for Proposals (RFP) was issued for Chiller Maintenance & Service in Monroe County. Bids were opened on January 31, 2019, in a competitive solicitation process. Air Mechanical & Service Corp. and Daiken Applied Americas, Inc., d/b/a Daiken, were the only two (2) respondents. There was a Selection Committee Public Meeting on February 20, 2019. The Committee determined that proposed labor costs were lower for Air Mechanical & Service Corp. and the proposed material markup was lower for Daiken. Monroe County experience and qualifications of staff were comparable. Neither company submitted their Financials as required in the RFP response. The Selection Committee recommended approval for the bid to be awarded to Air Mechanical & Service Corp. subject to obtaining the company's financials and review by the County Attorney's office. The financials were obtained and reviewed along with the background check by the County Attorney's office. After review of the financials, Staff is requesting that the omission of failing to timely submit its financials be waived based on its prior contractual relationship with the County and its proven record of providing quality services to the County. Staff and the County Attorney's office are satisfied that Air Mechanical has the ability to perform and are now in compliance as a responsive bidder pursuant to County ordinances and would seek approval of awarding the contract to Air Mechanical. Air Mechanical's Regular hourly rates for a mechanic are $80.00, and a mechanic plus helper are $125.00; Overtime hourly rates for a mechanic are $100.00, and for a mechanic plus helper are $130.00; Parts cost plus is thirty-five percent (35%). There is an initial three (3) year term beginning April 1, 2019, which terminates on March 31, 2022. The County shall have an option to renew for an additional two (2) one-year periods. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: Packet Pg. 310 C.14 New Agreement from issuance of RFP for Chiller Maintenance and Service. STAFF RECOMMENDATION: Approval DOCUMENTATION: Agreement Chiller Maintenance - Air Mechanical Air Mechanical chiller RFP response Selection Committee Final Ranking Chiller Bid Tab FINANCIAL IMPACT: Effective Date: 4/01/19 Expiration Date: 03/31/22 Total Dollar Value of Contract: $220,000.00/year Total Cost to County: $1,100,000.00 plus CPI-U adjustments (if all renewal options are exercised) Current Year Portion: $110,000.00 Budgeted: Partially Source of Funds: Ad Valorem CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes Additional Details: Three(3) year agreement with two (2) optional one-year renewals. 03/21/19 147-20503 UNINC PARKS & BEACHES $0.00 03/21/19 001-20501 FACILITIES MAINTENANCE $637,500.00 03/21/19 101-20505 - CORRECTION FACILITIES $462,500.00 Total: $1,100,000.00 REVIEWED BY: Patricia Eables Completed 03/05/2019 12:58 PM William DeSantis Completed 03/05/2019 2:11 PM Budget and Finance Completed 03/05/2019 3:31 PM Maria Slavik Completed 03/05/2019 3:37 PM Kathy Peters Completed 03/05/2019 6:29 PM Board of County Commissioners Pending 03/21/2019 9:00 AM Packet Pg. 311 C.14.a I Monroe County Chiller Maintenance Agreement AGREEMENT FOR CHILLERS MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA This Agreement is made and entered into this 21 st day of March,2019,between MONROE COUNTY,FLORIDA("COUNTY"),a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040, and Air Mechanical & Service Corp. a ("CONTRACTOR"),a Florida corporation,whose principal address is 4311 W. Ida Street,Tampa, Florida 33614,and whose address for purposes of this Agreement is 2700 Avenue of the Americas, Englewood, Florida 34224. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit"A"; and WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in attached Exhibit"A"; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the work or services described in attached Exhibit"A" for Monroe County; �s NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants °2 contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document,the Request forProposals("RFP")documents,exhibits, and any addenda only. 2. SCOPE OF WORK: The Scope of Work shall include, but not be limited to, all work and I or services shown and listed in Exhibit"A",which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The �s Contractor shall furnish all labor,supervision,materials,power,tools,equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or E proper for performing and completing the Scope of Work, unless otherwise specifically stated. See Exhibit"A" E 3. Personnel Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one (1) of its personnel per building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are Packet Pg. 312 C.14.a 2 Monroe County Chiller Maintenance Agreement trained in all appropriate safety regulations, including but not limited to,OSHA regulations and all other applicable local, State and Federal regulations. Uniforms are preferred for Contractor's personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. a 4. Background Checks /Finger Printing Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County (n reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay, worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check: D. Prior employment check; and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to,or remove from,any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is Packet Pg. 313 C.14.a 3 Monroe County Chiller Maintenance Agreement subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 5. Payments to Contractor A. County's performance and obligation to pay under this agreement, is contingent upon an annual appropriation by the Board of County Commissioners. County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be (n made after delivery and inspection by County and upon submission of a proper invoice by 06 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 2 disbursal of funds. C. The 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 thirty-five percent(35 %) 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. D. The cost of labor used by the Contractor to fulfill the obligation of the Contract 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: $ 80.00 per hour,mechanic $ 125.00 per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $ 100.00 per hour, mechanic $ 130.00 per hour, mechanic plus helper Parts Cost Plus: Packet Pg. 314 C.14.a 4 Monroe County Chiller Maintenance Agreement Thirty-five percent (35 %)of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). 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 Clean Air Act and any amendments. c� Contractor shall submit itemized invoices in writing. There are no additional costs for travel, mileage, meals, or lodging. E. Total Compensation to CONTRACTOR under this Agreement shall not exceed Two Hundred Twenty Thousand and 00/100 ($220,000.00) Dollars annually, unless pre-approved emergency work requiring additional funds is implemented. ° 6. TERM OF AGREEMENT This three (3) year Agreement shall commence on April 1, 2019, and ends upon March 31, 2022, unless terminated earlier under paragraph 19 of this Agreement. The County shall have the option to renew this Agreement for up to an additional two (2) one- year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (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 three (3) years. 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 E 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. 7. 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 and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS Packet Pg. 315 C.14.a 5 Monroe County Chiller Maintenance 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 party to this Agreement for public records purposes during the term of the Agreement and for four (4) 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, Florida Statutes, running from the date the monies were paid to the Contractor. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which (n shall include but not be limited to accounting records (hard copy, as well as computer readable 06 data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment �? have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shalI be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final Completion. 9. 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 a 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. Packet Pg. 316 C.14.a 6 Monroe County Chiller Maintenance Agreement Pursuant to Fla. Stat., Sec. It 9.0701, 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 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 (n 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. 2 �s The Contractor shall not transfer custody, release, alter,destroy or othenvise dispose of anv public records unless or otherwise provided in this provision or as o_thenvise provided by E law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEV AT PHONE# 305-292-3470 BRADLEV- E BRIANQMONROECOUNTV-FL.GOV, MONROE COUNTY ATTORNEV_'S OFFICE 1111 12TH STREET SUITE 408 KEV WEST FL 33040. _ - -� 10. HOLD HARMLESS, INDEMNIFICATION, DEFENSE, 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) Packet Pg. 317 C.14.a 7 Monroe County Chiller Maintenance Agreement 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) 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). The monetary limitation of liability under this Agreement shall be not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, (n 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 2 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. a� 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, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100.000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle E liability insurance, including applicable no-fault coverage, with limits of liability of not Iess than ,S300,000.00 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 S200,000.00 per person, S300,000.00 per occurrence, and $200,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. Packet Pg. 318 C.14.a 8 Monroe County Chiller Maintenance Agreement COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than_S500,000.00 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 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. °2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 06 11. 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� 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. 12. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement Contractor is an independent contractor and a 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 its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 13. 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 �s 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 E include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which 2 prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2)Title IX of the Education Amendment of 1972, as amended(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the E Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title Packet Pg. 319 C.14.a 9 Monroe County Chiller Maintenance Agreement VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,sexual orientation,gender identity or expression,familial status or age;and 1 l)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 14. ASSIGNMENTISUBCONTRACT 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 06 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. 15. 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. 16. DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it, its directors,principals 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 Sec. 1]2.311, 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. Packet Pg. 320 C.14.a 10 Monroe County Chiller Maintenance Agreement 17. 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. ° 18. NOTICE REQUIREMENT Any notice required or permitted under this Agreement shall be in writing and hand delivered or sent by United States Mail, postage prepaid, to the other party by certified mail, return receipt requested, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following addresses: (n FOR COUNTY: FOR CONTRACTOR: Monroe County Air Mechanical & Service Corp. Facilities Maintenance Department 2700 Avenue of the Americas 3583 South Roosevelt Blvd. Englewood, Florida 34224 Key West, FL 33040 and �? County Attorney 1111 12"' Street, Suite 408 Key West, FL 33040 19. 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. �s 20. TERMINATION 0 A. The County may terminate this Agreement with or without cause prior to the commencement 2 of work. B. The County and Contractor may terminate this Agreement for cause with seven(7)days' notice a 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 ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. D. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Packet Pg. 321 C.14.a I I Monroe County Chiller Maintenance Agreement Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes,, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 21. GOVERNING LAW, VENUE,AND INTERPRETATION 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 (n before the appropriate administrative body in Monroe County, Florida. 22. 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. ° 23. 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. �s 24. 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, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 25. 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 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. This Agreement is not subject to arbitration. Packet Pg. 322 C.14.a 12 Monroe County Chiller Maintenance Agreement 26. 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. 27. 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. (n 28. 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 S required by law. 29. CLAIMS FOR FEDERAL OR STATE AID �s 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. 30. 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 2 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. 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES E 0 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. 32. NON-RELIANCE BY NON-PARTIES Non-Delegation of Constitutional or Statutory Duties. 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 Packet Pg. 323 C.14.a 13 Monroe County Chiller Maintenance Agreement 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. ° 33. 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. 34. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any (n 06 member, officer, agent or employee of Monroe County in his or her individual capacity, and no 0 member, officer, agent or employee of Monroe County shall be liable personally on this r_ Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 35. 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. 36. 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. 37. 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 Ieases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, E 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, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 38. 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. 39. INCORPORATION OF RFP DOCUMENTS Packet Pg. 324 C.14.a 14 Monroe County Chiller Maintenance Agreement The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 40. 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. 41. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and 06 0s there are no other agreements and understandings, oral or written, with reference to the subject 0 matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 42. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] �s Packet Pg. 325 15 Monroe County Chiller Maintenance Agreement IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. .2 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVrN MADOK, CLERK OF MONROE COUNTY,FLORIDA By: ............ ........................................................................................ Deptuty Geric Mhyar 06 Date: Witnesses for CONTRACTOR: CONTRACTOR: AIR MECHANICAL&SERVICE CORP, ........................................ .2 ..................... ../ .......... ............................................. VW ......................... .................. 1, nature perann atnlhn rig ze.d v-.) le all' CONTRAC TOR,Jan. Dono] , bind�y ate:: M&:ii::-c' 1. , 20.19 D w . ........................................... �axlt Brandh Manage March 1., 2019 VJ ce &1., 11 1 r- ............................................................................................................................................................... P rint Naiii Pdrit Name and Title 217100 n.veriue of' the Aine:ii:.-iLicas 4. 1-'i,'�ir1gJ.ewo1od, 11::T.1.ari.1da 34224 Addre seau (941) 475-3 715 .2 ............................................ relephone'Number Kairic,I�ii '1 , 2,01 �9 ............................................. E Print Nmrc E !MONROIE COUNT)"ATTDr-MY'S 10MCE VEE;ASS M�POR11 PATRICIAEABLIM AP&ISTN'4,�C WY�A MIFY Packet Pg. 326 C.14.a 16 Monroe County Chiller Maintenance Agreement EXHIBIT "A" SPECIFICATIONS: 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. The Owner 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 agreed upon percentage (%) of mark up, used in repair of County owned and maintained HVAC Chiller systems. Manufacturer's invoice must accompany all requests for payment.All parts and materials (n 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. 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. �? Supervision and Inspection of Work Sufficient supervisory personnel shall be provided and systematic inspection will be conducted by 0 the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems that may arise will be taken care of promptly,the Contractor will maintain a twenty-four (24) hour telephone contact, seven (7) days per week, for the receipt of any complaints and/or addressing any issues. Random inspections shall be performed by County Representatives from the Facilities Maintenance Director administering the contracts. Deficiencies shall be corrected within a twenty- four (24) hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in a prorated deduction from the monthly invoice. SCOPE OF WORK: The Contractor shall furnish maintenance and repairs, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated with same for the following: Packet Pg. 327 C.14.a 17 Monroe County Chiller Maintenance Agreement CHILLER SYSTEMS AND LOCATIONS BUILDING LOCATION CHILLER TONS Key West Jackson Square 500 Whitehead 1 -Daiken 100 St,, Key West 500 Whitehead 2 Key West Jackson Square 1 -York 100 St., Key West 1200 Truman Harvey Government Center 1 -Daiken 100 Avenue, Key West Gato Building 1100 Simonton 1 -Daiken 100 Street, Key West 06 Gato Building 1100 Simontan 1-Carrier 100 Street, Key West Monroe County Detention 5501 College Rd., Facility-Headquarters Key West Daiken 87 Monroe County Detention 5501 College Rd., 2_Daiken 300 �? Facility Key West Monroe County Detention 5501 College Rd., °2 Facility-Department of 2-Carrier 80 Juvenile Justice Key West 3301 Overseas Medical Examiners Office Highway, 1 - Daiken 60 Marathon Murray E. Nelson Government 102050 Overseas � Center Highway, Key 1 -Carrier 96 Largo B. Repair and Maintenance for HVAC Chillers 1. Service Levels a) The service level that Monroe County will be seeking is level 1 service, which includes monthly, quarterly, and annual maintenance, as recommended by the manufacturer. b) The specific service steps are listed in the manufacturer's service guidelines for each make and model of chiller unit. Packet Pg. 328 C.14.a 18 Monroe County Chiller Maintenance Agreement c) In addition, the Proposer will quote the cost,where appropriate, to return each chiller to full manufacturer's operating condition. This is defined as the ability to operate chillers and its performance parameters in order to achieve the highest efficiency of the unit and provide energy savings through its highest performance possible. 2. Bid prices shall include all scheduled inspections and maintenance needed to complete service. Should Monroe County require additional services or items provided by Contractor, but said services and/or items have not been specifically defined in the Bid Documents, then a proposal will be requested from the Contractor and, if the proposal for these services and/or items is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects,the contract parameters will be adhered to by the Contractor. (n 06 3. Corrective Maintenance - Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection, or preventative maintenance, or have failed during operation, will be provided by the Contractor. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are to be used. 4. The Contractor shall be available twenty-four (24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of any Chiller system malfunction within four (4) hours of verbal, written, or text notification 2 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. 5. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County Chillers so that such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials plus thirty-five percent (35%) (except freight, tax, services supplied by others,and equipment rental),used in the repair of all County a� maintained Chiller systems. 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. 6. Annual Maintenance is defined as: a) Centrifugal Chillers (Carrier) i. Customer Notification of Unit Maintenance ii. Initial Site Inspection iii. Lock Out Tag Out Chiller iv. Electrical Inspection V. Meg Motor A Motor Terminals vi. Control Panel Calibration Check Packet Pg. 329 C.14.a 19 Monroe County Chiller Maintenance Agreement vii. High Pressure Refrigeration Leak Check Inspection viii. Condenser Tube Brushing, Including Head Removal ix. Check Head Operation X. Oil Analysis Per Circuit Generic xi. Compressor Oil Level Check xii. Manual Log ° b) Air Cooled (Trane and Daiken) i. Customer Notification ii. Initial Site Inspection iii. Review Diagnostics iv. Lock Out Tag Out At Main Disconnect (n V. Electrical Inspection(RTA) 06 vi. Compressor Starter Inspection vii. Flow/Differential Mechanical Switch Check viii. Remove Lock Out Tag Out At Main Disconnect ix. Condenser Fans Check RTA Per Circuit X. Condenser Coil Check xi. Oil Return Operation Check per Circuit xii. Oil Level Check(Screw Machines) Per Circuit �? xiii. Oil Analysis Per Circuit xiv. Low Temperature Sensor Calibration xv. Control Panel Calibration Check xvi. Leak Test Inspection (Positive Inspection) xvii. Coil Cleaning Solution (Applied) xviii. Start Unit xix. Compressor Check (HeliRotor Compressors) xx. Compressor and Oil Seperator Heater Check xxi. Techview/Kestrel View Connection xxii. Run Service Report From Kestrel View xxiii. Techview/'Kestrel View Disconnection xxiv. Complete Required Paperwork �s Packet Pg. 330 C.14.a 20 Monroe County Chiller Maintenance Agreement COOLING TOWER MAINTENANCE Service 1 Monthl SerntAnnural Inspect General Condition and n X Observe Operation of: Motor,Coupling,Gearbox and Fan X Makeup Vahm X Inspect and dean: bwpect Clean Air Inlet Louvers X X Drift Eliminators X 3 X Cots Water Basin and Outlet X x 2 a� Hot water Basin X X Fan Motor Exterior X X Check: 06 Cold Water Basin Level X Check Gearbox for: 00 Leaks X Proper Oil Level X Loose Botts or ON Plug X Plugged OR Lines or Vents X � Thoroughly Inspect Mechanical Coupting X Check Gearbox OR X Check and Tighten as Required: Mechanical Equipment Batts X Motor Anchor Sops X 2 a Tower Framework Structural Bolts X Fan Assembly Sots X Inspect Metal Surface and Touchup X Note:Gear Lube shall take piece every 5 years using synthetic gear lube. a� Packet Pg. 331 C.14.a 21 Monroe County Chiller Maintenance Agreement CHILLER MAINTENANCE SCHEDULE Service mmoly Annual Chmrating Ingmcdons Check Operatioris of Purge tint x 0 Check Purge Unit Controls• x Tighten All Electrical Comwcdons x Check Approach Temperatures x Check And Clean Systern,AkaaTkary and Pump WaterStraows x Check Unit Starter Operation and Contacts x Check toad limits Relay x Check Setting and Operation of P.E.Switches x 06 Check All Sight Glasses x Check Oil Pressure Regulator x Check Operators Log x Complete Operations Log on Unit For 90 Win.Period at 25 Mi.Interval x � Check Gauges for Calibration or Replacement x a� Check Flow Rates Thrixich Eva and Condenser x Annual Major Maintenance � Cho e_Oil and E.,Me R . rant Filters• x Meg Compressor Motor x g, Lubricate Vane Contra[Shaft' x Set PikK Positioner' x Set Vane Operator` x Meg ON Pump Motor x Tess and Calibrate All Safety and Interkndcing Controls x Vibrate Test Compressor Motor x Brush Condenser Tubes,Clean air cooled condenser knits x Load Analysis.Cak elate vs.Design Efficiency x Sample CIA FDrSpectrographic Ana - ' x Maintain 01 Se rator'Change Every Two Years start 2018 x sm • Vs applies to ten or screw type machi a� sm sm Packet Pg. 332 C.14.a 22 Monroe County Chiller Maintenance Agreement CHILLER PLANT MAINTENANCE SCHEDULE Service montw Annual OperadrigI Check all Condenser fan glades and motors x Check operation of all crankwase heaters x Check all fluid pressures and levels x Check all motorized valves x Check beatings in cooling towers x Check bearings in all fluid pumps x Check all pump couplings x y Check all VFO's x Check all VFD cooling fans x 06 Submit a Fist of repair/replacement advisories x K 0 Sample all Ice tankstrest for glycol presence submit repa"u fat x 0 Exercise all ass valves x Exercise and lubricate all plant hand valves x Clean and flush all make up water valves x Clean and check all automatic air vents x Blow down all air scoops x Stow down all mgmnsion tanks and set pressure as required x =_ Clean and lobe all plant motorized valve aduattxs x Tighten all butterfly valve finkages x Check all metal parts for corrosion and treat as required x Check all insulation and repair as required x Purge grease all pump bearings x Purge grease all tower bearings x Check and arign all pump couplings x Clean all VFD heat sinks and check all Plant VFD's operation x Packet Pg. 333 C.14.a 23 Monroe County Chiller Maintenance Agreement C. CHILLER REPAIR AND MAINTENANCE Inspection A visual inspection of every device in the "List of Equipment" will be performed to ensure that no facility changes have occurred which could affect equipment or system performance based on the original design. Maintenance The Contractor shall have access to a supply of all parts and controls normally (n 06 necessary for the emergency repairs of all county maintained chiller systems so that such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. The Owner 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, which are reimbursed as charged with no markup), used in the repair of all County maintained chiller systems. 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 r_ requests for payment. D. MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN 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 2 could exceed Four Thousand Nine Hundred Ninety-nine and 99/100 Dollars ($4,999.99). Any proposal over Five Thousand and 00/100 Dollars ($5,000.00), up to and including Ten Thousand and 00/100 Dollars ($10,000.00), must be approved and signed by the Department Director and/or the County �s Administrator. Any proposal over Ten Thousand and 00/100 Dollars ($10,000.00), up to and including Forty-nine Thousand Nine Hundred Ninety- nine and 99/100 Dollars ($49,999.99), must be approved and signed by the Department Director and the County Administrator. Packet Pg. 334 CHILL.ER MAIN rENAINCE AND SERVICE PROPOSALFORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description 1. Proposal Form 2. Non-Collusion Affidavit 3. Lobbying and Conflict of Interest Clause .2 i! 4. Drug-Free Workplace Form 5. Local Preference Form 06 6. Public Entity Crime Statement 7. Compaes Vendor Certification Regarding Scrutinized ni Lists 8. Insurance Requirements and Checklist 9. Workers Compensation and Employers' Liability General Liability Vehicle Liability U) 10. Proposer's Insurance and Indemnification Statement r_ 0 0. 11. Insurance Agent's Statements U) 2 12. Contractors Licenses (contractor/business/certifications): a. U_ A current copy to be submitted with Proposal. INFORMATION REQUIRED TO BE PROVIDED E t .2 tity submttg poposals ae esponse, all r_ 1. In order to determine N the persons or en i in r r r ibl Proposals for contracts to be awarded under this section must contain the following Information: A. A list of the entity's shareholders with five percent (6%) or more oft stock or, if a general partnership, a list of the general partners;or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A E copy of documentation demonstrating that the entity is a legally viable entity shall be attached. Z B. A list of the officers and directors of the entity. C. Relevant Experience:The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or ...................................................................-.................... ............. ........................................................................ i"S'AND f:::0R1VlS 100120 Page 15 Df 35 1 Packet Pg. 335 I1l4 11 1 W IIII1 I IIII%IIIN SERVICE C.14.b construction i in the proposal specifications (include list of similar r j ). numberD. The of yearsthe person or entity priorany Ism Answers to the followingi i i is it i a. including whichfor i ? i it e of the owner.) where the job was located and the nam Y � IIIIII � .., 11N W c� b Are there any judgments, claims, arbitration proceedingpending outstanding against the person, principal of the entity, or entity, or its r it , i specifically includes r prior entitiesin whichr i ipal, entity, officer, director general partner of the proposing involved r i i , i I i years)? provideofficer, r, directordetails, include information claim, i that the Owner will able to obtain copy of the judgment or claim or locate the suitlocation U number.) U) r- YES n NOCIII U) i entity, i r i i t c. shareholdersit ! i ) t suitslaw i r services, construction i similar those requested in the specificationsi entitiesth nt or prior private or public entities? This specifically includes any prese in whichi i 1, entity, officer, directorgeneral proposingpartner of the involved i i , it i ) years. (if entity, officer, a providedetails, include information jclaim, arbitration r suit so that the Owner will able to obtaincopy of the claimjudgment or location r') YES NO d. Has the person, principal of the entity, ori ipartners, major shareholders r it initiated litigation against County rMonroe in connection providei i i ? i ii includes any present or prior entities in whichi i 1, entity, officer, INSURANCE REQUIREMENTS Packet Pg. 336 C.14.b p� IIII11�11�1"11'1", MAINTENANCE II��I�I III��m C� I�IIIII SERVICE IIII IIII IIII IIIIIW�W� I�� IIII I� � IIIII director or general partner oft ing entity has been involved principal, f , officer, director or general partner. (if yes, provide details' include information about the judgment, claim, it i n r suit so that the Owner will able to obtaincopy of the judgment or claim or locate the suit by location and case number.) YES NOW'W � e. Whether, within the last five ( years, the r, an officer, general controlling shareholder or majorcreditor f the person or entity officer,an general , controlling shareholder or major creditor f other any entity that failedis furnish i it r to those sought in the requesti -(if yes, provideit rw information about the failure to perform servicesis 'll enable the Owner to thoroughlyconsider the matter.) YES IIIIIIIIIIIIIIINO � Customerf. (minimum three), includingname, _current s and curren telephoneCredit References (minimum three), including name, current s and current telephone number. 9. Financial statements for the prior ( s, I s r i i sel2arate sealed envelo2e for the Contractorsconfidential', t s® -IDENTIALOori inal co 0. U) ci t r it sprospective bidder it irs r i i i ing to a bid r ti r i x 1 ° (1)and s.24(a), . .............III............................IIII........... 35 IIII IU11:1ANCIE Ilf� l ll.,li'11:1l"�II i�JI' r° N II°:.t li::?kMS I I°t ' -li a; cllf .. Packet Pg. 337 € I C.14.b �� CH IA ,llll ll11:1 III , �k� IIBIIIV�ITEIIINI lIII E ,I �°�� ID IIIU IIIIr"'III SECTION 1 PROPOSAL III III PROPOSALTO- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c10 PURCHASING DEPARTMENT SIMONTON STREET ROOM 2-213 WEST,KEY FLORIDA 33040 IIIllw# III...III.... ,tll � ,i„,w,,,° Ia,r „I„ °a::l.. r,f..r w,,)., , .. 700 . �Ir�rw�rul a::� � w.� .wz�w �::�..ce.au � �arr I..` ��r�a,�d,FL9 34224 w............. undersigned, 06 The vicarefully examined other reference documents, if any, Proposal, and Addenda thereto, and other Contract Documents for the workChiller Malintenaince and Seirvilice and having carefully i the ske(s) where the Workis to be performed, having familiarall local conditions including labor affectingthereof, vi familiarized himself/herselfhimself/herself vVith material availability, Federal, State, and Local laws, ordinances, rules regulationsing performance of the Work,does herebyri II applicable labor, U) mechanics, t , tools, material, equipment, transportation i II 0. incidentals necessary to rm and complete saidr incidental hereto, in a U) workman-like r, in conformancewith i r Contract Documents including Addenda issued thereto. undersignedThe further certifies helshe has personallyinspected the actualli ( ) of whereis to be performed, r vAth the local sources of supplythe/she understands the conditions r which the Work is to be performed. l proposer shall assume the risk all costs and delaysiexistence of any subsurface otheror latent i I condition whichcould reasonably anticipatedreference documentary information r i available, and from inspection i i f the i ). CONTRACTSUM Normal working hours of 8:00 a.m. to 5:00 p.m., Monday throughFriday, excluding holidays: 0 • 0 0 per lour, mechanic ,125 , 00 i in�.. „-,....u... o ni,ul I �° , i I helper .....................� .............................. iii ................................. J......a ... MV� 1 . , t e IS irff-35Packet Pg. 338 '� III YY C.14.b Ul��y III I1�"��InnG I�IIII uIIIIIIIi IIII�W III I,IIIIIII '�� I:,,l,,:,, NO IIIC II f I��WIu�u IIIl01111111111111� IIIII u��l II II IIIIII b) Overtime rater hours other than the normal working hoursstated above, including holidays: 00,,,,,,,,,,,,,, ,,, ,,,,,,,°;,,.,0 r hour, mechanic im ..................... •:::!, . 0 us I ,,,,w,,,,,,,,,,,,,,,,, per hour, mechanic Ihelper w, Parts06 Cost Plus: ®, r r iv cost Of parts and materials(excluding ight, equipment r , tax amounts, and servicesi ) U) r- 0 0. U) I acknowledge receiptf Addenda No.(s) lte ' ,,r No.,.......................—dated... IIc.—lf ted ,,,,,,,,,,,,,,,,,,,,........,....................................... Air Mechanicali 2700 Avenue of the Americas Englewood, Florida 34224 IIIIU 'Sl,„IIIU" III IRE, Ui'IIIII;;;;llllf;;;;;llTS AND FORMS 001 i l-lPage'19 of' I5 Packet Pg. 339 C.14.b SERVICECHILLER MAINTENANCE AND January ADDENDUM NO. I 2019 4� .2 4� Th i i i imodifies, s ts, s information contained 1 (`� )and is hereby made a pan of Contractthe The following i cl ' ti s , I ), i (s , c s), and modit I Contract Docounts only in the amount and to (n hereinafter06 the extent i in this ADDENDUM No. I • Page 10 of the bid . . , states t "Proposal Security"' 1 1 i v l i i 1 a� Security-. � requirementThe or a " •, under this RFP, as set forth in paragraph 5.3.2,is hereby deleted. U) r_ 0 0. U) All other item remain as called for in the documents. End of Addendum . 9. Wilumn Director of Facilities Maintenance � Packet Pg. 340 C.14.b C IIIII IIII Illlll lllf IIII'� IIII IiiiiI IIII III°°IUI J IIII! IIIII °mlI III 111E III II IIIIIIIII IIIIIIIII Proposer, s by hWherin the blanki r his/her i r he/shethat i the followingrequirements(located in Section : .x Proposal im 2 Non-Collusion Affidavi XXt Lobbying i f interest ClausXX e Drug-Free Workl r ............ Local Preference r i is(' applicable) Public Entity Crimet � Vendor Certification RegardingScrutinized Companies X Lists � °8 `r's Insurance and Indemnification Insurance is Statementti Im Answered10 itQuestions .r 11 Provided three r r a r }Credit XX ........... 12 Provided r )years of Financial Statements in separateI ;; . 13 Certified y of ValidFloridar es License 14 Current Occupational Lie ° 111 1Name: lllllll � I::* Sex "r, ��cla lica' � il Business U). . Business EIElli S 23 . Cw � IIII� ,,,,,,,,,,,, .IIIIIII.................II ,,,,,,,,,,,,,, �s IBusiness P CiiillI B f::,). 1,53179 Address: 311 W. .1d,a Street Mailing II � a—rr , 31.4 , i City, State, I . ,,, ,,,, 2i � tmm C ° L I nhens: 2 Email: bbyers@arnsco...... c.cn.m ° The physical business s must i t i rini I I of i tFlorida Departmentt t r at least o (1)year pflor to the notic req uest for bid or proposal. �I �dmlllll I lII��,, IIII IIII I � Ja Date: L� , „ . tL.. In mlllllllllllllll,l,l,�,�,�,�,�,�,�,�,�,m,mllllllllllllllllllll mlllllllllllllllllll,,,,,,,,,,,,, ml I,,,,,,,,�IIIII��,,,,,,,,,,,,,,,,IIIIIII I'I : Printed: IC31 j"n �lllllllL.�I ��Illlllllllllll��mllll��mllllllllllll��m ll�� m w u,,,,,, ,,� .��.ml,,,,,,,,,,,,,,m��mllllll,,,,,,,,,,,,m�l,,,, ,� w�� ca mss: IIIII,,,,,,,,,,,,IIIII IIIIII,,,,,,,,,,,,,,,,Illm mll,,,,,,,,,,,,,,,,,,,,IIIII ml L',ulll I II'II..)'o;I°I inl"II,o �P li,,,: Ill 'Ll wl�i' Ill;,,.11(,�IUII IEIII�0E1N I„'m III,; liR1VllS 101 I'�,I' -Pa e Packet Pg. 341 EEII ICE C! 1111111 111 �IIER 111MIA[41 SERI( ��,i r10 C �NQCPI�20 N1101Wl-GICH.111 JILIVON AFFIDAI VIT -t a- ly B.I.airm Byers of the cit.y.......... a:Ioes :no PP accordlirig to law on my oath, and under pelnalty.of perjury, depose and say that Blaine Byers, Sat'les Rep::ire.sentative .2 1. 11 aim ..................................................................................... C ,Air Mec'han..i.ca Service Co::irp (AMSCO) ofthe firm a=........... .......... ......... ....... . the proposer innalking the Proposal forthe; I roject described inthe noticefor calling for .RFP .224C)-202.8 CTiLi-q..l'e::1r Maintenance & Service proposals for- Monroe Cotinty, Florida ......................... ......................... .................. .2 and trail 11 executed the said proposal with full authority to do so', i! 2. The prices in this proposal have been arrived at independently without collusion, 06 consuI , communication or agreement for the purpose of restricting competition, as 0 0 poser or with any competitor; and C to any matter relating to such prices with any other pro M C proposal i 2 I Unless otherwise required by law, the prices which have been quoted in th a C have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of CU) 0 restricting competition; and 0. U) 5. The statements contained in this affidavit are true and correct, and made with full 2 a. U_ k no W Janua::ir.:�'y 31, 20:JL9 ...................... ...,Line :lEilyem's (Date) .2 C IF] C'M I DA STATE GF: .............. ....................................................................................................................................................................................... ................................... ..................................................................... COUNTY0F'-'-,.......................................................................................................................I.......................I..............................................................................................................................................I.............................. Blaine Byers PERSONALLY APPEARED BEFORE ME, the undersigned authority, C who, after first being sworn by me, (name of individual signing)affixed his/her signature in the 0 E space provided above. ZTantia.ry 1.9 0 H , r� ubk State oV RoF Wa on this 3:1st day of............................ 20 1 f afton (.'Omm�ssion GG 191067 Expi'res COM2022 NOTARY IP Ll MF 11 1 y commission expiiires�,, Jmiae 21G. , 21022 I ....................... ................... Ili S1U1:?,.AN1C1:.:1 flREM1::.EN ANI'.'. 11::::!01:1MS 001210-Page 2:11,of 35 Packet Pg. 342 CHILLER MAIN rENANCE AND SERVICE LOBBYING AND CONFLICT OF INTEREST CLAUSE .............. 1990 SWORN S l"ATEMENT UNDER QR[XNANCENO. 0110,, MONROE COUNTY, FLORIDA ETHICS CLAUSE A]"'R MECKANICAL & SERVICE CORP ............................................................ ........................ (Company) .2 it rwise had act on his/its behalf any 0 warrants that Wit has not employed, retained or othe (n former County officer or employee in violation of Section 2 of Ordinance No. olo-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or conact wab violation of this provision the County may, in its discretion, ter minate this tr ithout li ilityotherwise recover, and may also, in its discreVon, deduct from the contract or purchase price, or the full ount o n , commission, percentage, gift, or consideration paid to the former amf ay fee County officer or employee", 'o .................... .............................................. . ............. ye" U) Sigr r_ 0 J&ini iax'y CL [)ate ...........1.1.................................................................................................. .................................................................................................. U) U_ FLORIDA STATE OF- --------------_-------------------- COUNTY OF: ....CHARLOTTE January 31, 2019 Subscribedand sworn to (or affirmed) before me�on ............................... ....................._............................................................................................................................................................(dale) by. B.I.aine Byers _(name of affiant). He/ is personally Iknownto me Persona.l.ly known -to M Ss idenfifflil flol e ype of Identification) or has produced E do 7 I 'T RY/ UBILIC La, 2022 My commission expires:_......'Jurie 2 C, .................. (SEAL) ............................................ .................... INSIURANCE FORPA.11r., 0101,20-Page Z2 of 35 1 Packet Pg. 343 C.14.b ni nin nnnni nimm nni ,nano � Illlmmnm llllll�'' IIII' NmJ�llll' I�mmm�' I�°� ' I�mmn I� Illlmmnlllll� D 4'W'°I:ZE111:!!E;'11NOR1III�II LdNVIi FORM The undersigned vendor in accordanceit i Statute, Sec. 287.087 hereby certifies to :I::Ifn I';I i I.I :I° ':;;I[CA.:I.., SERVICE i'.��": ��°N� l��.iia'� ...... ........................� ,. , I'��I��urn . �.. .. III�Up,��!�liiur'iu��w�^ s') ............,�............. Publishesi I t the unlawful manufacture, distribution, dispensing, possesi t use of a controlledsubstance is prohibitedin the workplace specifyingand E t will be taken against employees for violations of suc prohibition. ° it . Informs I rs of drug abuse in the workplace, business's policy i i t r -free workplace, any availabler counseling, rehabilitation, and employee assistanceprograms, lti s that may be imposed employeesr drug abuse violations. Gives3. ch employee engaged in providingcommodities r contractual i s that are underproposal a copy of the statementc' in subsection ( ). 4. In the statement specifiedin subsection (1 , notifies the employeescondition f working commoditiesr r I is r r I,temployee ill abide by the terms of the statement and will notify the employerconviction r plea of guiltyr nolo contendereviolation of Chapter 893 (Florida t r- controlledI iof , r violation occurring0. in the workplacelater than } days after such conviction. 5. Imposes E requires ti participation in a drug U- assistance or rehabilitation pr r is availablein the employee'scommunity, for any employee who is so convicted. faith6. Makes a good imaintain adrug-free Ithrough implementation of this section. s t t i t , I i fir complies II i t above requirements. .,.... lByers „ .., ... .... Blaine � r I�rc s rµ s t iii ,s E January 31, 2019 � ry .. .............. ..I..mn..m..........ini ill' SURAI' C i"tII IIE' III,,,,°.li llll,,,,:1 rs nll�l'lI'.) F II III` ' tU't2 1-Ilf 3 c Packet Pg. 344 C.14.b 4 ImmIIIIIII Illllllli IIIIII III�Iu IIII�IrII1 �t IIIIIIIIi IIII ��"� n IIII'IIII,A lllnnnll IIIIIIIII u" IIU W IIII IIII IIII (IIII �C WSW III 111nl l III II II,,:III I I,,,.00AL PRE111::"111:,,'RE114CE FORM A.Vendors claiming a local preference according to Ordinance -2009,as amended by Ordinance No. 0 15 and 25-2015, must complete this form. Name of Bidder/Responder e° Air Mechanical & Service Corp Jan. 31, 2019 1. Does the vendor have a valid receipt for the businessi o Collector dated NA at least n prior to the noticerequest for bidsrproposals? (Please is . 2. s vendor physicalbusiness s l iMonroer vendor operates r sin o i t i substantial portent f t r services being offeredrCounty? A physical u in s ss must be registeredri ci I place of business with the Florida Department of State for at least one(1)year prior to the noticerequest for bid .) 4311 rye 't: .ICd, Street, "�:" , 'iiwlr 'r1. 3361. t...IIP 't Addlress', ,,. ., 06 Tellell)hone Number:,,,................................................ ......,,,.�a„... ...... B. Does the vendor/prime contractor intend to subcontract % or more of the goods„ services or o construction to local businesses meeting the criteriav licensing and location?...............00 ............................ If yes, please provide: Receipt1.Copy of iness tax paid to the Monroet I r by the subcontractor dated at I (1)year prior to thetic r request for bid or proposal. �? 2.Subcontractors i t business address withinr ty from which the subcontractor operates: { physical business registered I i Florida 0 Department of State for at I (1)year pdor to the noticefor bidsrproposals) Tel. Nuumnber, ................................................................... Address B'l ia.,.i,.�.e "fie r alnd Title o 9 atol. Print I'm�larne.�,.,.,,,,, °® ,. o .,Signaturef Aiut.h u r� ry for Service �;31r�t::l.�"*.��!10- � 0 I iidder/l esponder TAT OF FLORIDA 1D COUNTY �F ��, 'I ::..:,I..�,��"'"�. o 1r.- Ja ua � 20 19 , before me, the undersign n Irk public„ On this day of � .. pelrsonaily-appeared. Blaine Byers „ known to me to Ibe the person whose name is subscribed above or who produced o as identification, and acknowledged that he/she is the person who executed time above Local Preferen Form for the purposes therein contained. � June 2 , 202.2 � y commission expires:, Print Name Larry Dalton Notary IPubiic State or Fioride p [Larry Dalton, hayCommission Gr.191067 Expires 0612W2022 INSU INGE REQUIREMENTS AND FORDS 00120.-Page 24 of 3! Packet Pg. 345 C.14.b CHILLER MAINTENANCE AND SERVICE PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placedconvicted vendor list following a convi i r public entity crime may not submiti r c provide r services to a public entity, it a bidi lic entity for the constructionr repair of publicit i or publicwork, may not submit bids on leases of real propertypublic entity, . not be awarded r perform workcontractor,supplier, subcontractor,or CONTRACTOR under contractlic entity, and may not transact businesspublic i in excess f the threshold rvi in SectionFloridaStatutes, for Y for a period f thirty-six t r i I convicted v r list." I have read the abovestate t neither it Mechanical & Service (Proposers ) nor any Affiflateplaced i t vendor lit within the last thirty-six of . . � ;;:........ ...... I ........,..i I. �. *' '':, IH rya ) s Date. January 31, 2019 .2 2 U) r_ 0 CL U) FLORIDA T "r F: .-. �----M.� ----. --. --mm. CHARLOTTE COUNTY OR Subscribed and sworn to (or affirmed) before me on the 3 1ST day o .......,...m,,,,,,,,,,,,,,,,,,. ,,, ......... ............................................ . � 2Q 19 by Blaine Byers (name of ar t), He/She is personallyof � known-to me or has produced ereoaxa�1 pS�9�3 �1 o zee (type 1111111identification) as Wen-ffication. JunAlly i l i . -. .. e , 2 0 ........ „ .. ,� UPUU li'IUI-IU lD ':u:. n.,a°, , "q. ii. Neqary IPnubU'c Buie of Rxida Larq IDaKon ° I y Commission G.G ISID67 IExpfts 06MW2 22 .... Ilhllll~t. Jll"rol ! IIIIEGU11»Ilf;;;;ll" Ilf:::"Ill r IhIII) 'F10I°;tl° Packet Pg. 346 CH111ILLER MAINTENANCE AND SERVICE VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS pirojeck Morn-�.,>e c(m.;ixii.t.y Ch.1.1..L e r & iR- ie i pax ............................................................ .................I...............................................................................................................................7.......................................................................................................................................................................................................................... Respondent Vendiar Narne:...............Air Kec�liaanicai & se!:r,,wi'Lice cox�p .....................................................................................................................................................................I............I.............................................I...............................................................................................................I..........-..................................................... 59-.2 158 9 iD 2 VendorFE�1�14: .............. .............-................I............................................................................................................................................................................................................................................................................................................................................................................................................... Bla.A.mir.!s Sw'erv.icie s,a�:b..ies Veiinidor's Atilli*07eld Repiresen tativp Narne ainid Title: .............................I......................................................................................................................................................................................................................... 2700 Addires........s....r........................................ Av e nj j�E� of t.he Arrv!!�ricain.............................................................. ......................................... ............................ ......3....4.......2.......2........4.......... .............. 20 .... .. ...................... -............. .....,,,,,,,,, ��; .....-> ta t ........................... .r.i...d1a..................................................-............g1 ,City: ...... ............................... ................ .. p .................... ............................................... ........ 0 lbl)ye�rs@axrisc�o a.c.co horsem P NUm ber 943 ��4 75-.3 7�2.5 il Add ,............. ... .............................................................................................................................................................................................................. ...........................I...................................................................................................................... Email Address Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or 06 renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on ether the Scrutinized Companies with Activities in S Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which 2 were created pursuant to s. 215,473, Florida Statutes, or is engaged in business operations in Cuba or Syria. :E U As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified 0 above in the Section entitled'Respondent Vendor Name" is not listed on the Scrutinized Companies that U) r- Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 Or more is not listed on 0ctivitles in 0. either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with A U) the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. 2 (L 11- I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may W subject company to civil penalties,attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a :E faIse certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List orb n engaged in business operations E in Cuba or Syria. Gertified By: e 1--!nyers who is authorized tosigin on be.haff ofthe above by, ficedcorrip, lo �PD R�r I E A -thori,zed &Ignatuiir.......... .............. 1131a.i.:ine Hyers PHT-11 Narne: .............. ,sie�x,!- e SaL es Title: ........................................................................................................... .................................................. Note:The List are available at the following Department of Management Services Site: hilp;1hvvAy ! �,n �� ridg,co Jbig ness..........oppEgj� r! Istatre jpy,[pboiin :( i�jq�' ........... .......... ir i ni [ tsi ..... s m. 01011201 111age 26�„of'3,5 NSI.YRANCE I S A11,4D i"GRIIAS Packet Pg. 347 l CM L F II� W � E AND IY II C E C.14.b SECTION13 REQUIREMENTSINSURANCE MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements Construction i r r y r y is contract (including t pre-staging personnel material), the Contractor shall obtain, at his/her , insurance specified in the attached schedules, i r this r c . The Contractor will ensure that the insurance t i ill extend protectionII Sub-Contractors engaged by t Contractor. he it As an alternative, the Contractor may require II Subcontractors to obtaininsurance consistent withschedules. The Contractor will not be permittedv i tact(including preI and material) it satisfactory evidencerequired insurance furnishedom specified I I i s fwork, resulting r not the failure r provide i i required insurance, II extend deadlines specifiedin this t lties and failurer t shaII be imposed as if the work ` i i r the Contractor's it provide ievidence.The �? Contractor II maintain the required insurance rentire term i r U) extensionsand any cifi in any attached schedules. it r I i this r i ion may 0 result in the immediate s iall work untilt required insurance reinstated r U) replaced. I i completion resulting r failure Contractor maintain the required insurance shall not extend deadlinesspecified in thisrpenalties and U_ failure r II be imposed as if the work had not been suspended, except for the Contractor'sit i in the required insurance. i t r II ci ! self-insured retentions be The rr 11 I r contained in the Contractor's Insurance lici . The Contractor II provide, t s i i required insurance, either: Certificate Insurance or Certifiedcopy of the actual insurance olic . The County, at its sole option, the rightrequest a certifiedcopy of any or all insurance policies required i contract. II insurance liies must specify ihat they arej to cancellation, non-r I, material r reduction in coverage unlessminimum l O days prior notification is given to the County by the insurer. i,,,,� IIII I I...' Iw CIE, I° 'I Ii 11 llf I III II;; II lT i^�ilD 1II:?M11 i S t l�-Page of 3" Packet Pg. 348 CH111 LEIFII 11MAIIHIN ANII[�) SIENRVICE The acceptance and/or approval of the contractors insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured"on all policies, except for Workers' Compensation. In addtion, the County will be named as an Additional Insured and Loss Payee on all policies i covering County-owned property. .2 quirements. must be equested in writing on the Any deviations from these General Insurance Re r nce Requirements"and approved County prepared form entitled"Request for Waiver of Insura by Monroe County Risk Management. .2 it 06 .2 E ............................................................................................................................................................................................................ 0101,20 Piage 29 cff 35 l�jS11.11:1ANCE FIS ANE!!'.) f::'ORMS Packet Pg. 349 G111111111111 111 EIR MAINTENANCE AMID SERVICE WOR1KERS' C011k4PENSXnoN INSURANCE REQUIREMENTS FOIR CONTRACT: Chiller Maintenance and Service BETWEEN MONROE COUNTY, FLORIDA AND .2 AIR MECHANICAL & SERVICE CORP Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers'Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 06 In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractoes Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. financial statements from the fund In addition, the Contractor may be required to submit updated upon request from the County. .2 E ........................................................................................................................................................................................................................................... ..................... 11001,20 Page 29 nf 35 ISil,'31t�RA! ANI!) Packet Pg. 350 CH1111 I111 III IIIIIIIITENA III NCE A!1411[I�) SERVICE GIENIE::RAII LIABI11 ITY INSURANCIE REQUIREMENTS FOR CONTRACT: Chiller Maintenance and Service .2 T BEE E.i.TWEN MONROE COUNTY. F1 OII IDA AND AIR MEN & SERVICE CORP ................................................................................ .. ............... 06 Prior to the commencement of work governed by this contract,the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Premises Operations Of Products and Completed Operations Blanket Contractual Liability Personal Injury Liability U) The minimum limits acceptable shall be: r- 0 0. U) 2 $500,000 Combined Single Limit a. U- An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its the effecte date of cont pr r iv this ract.ovisions should include coverage for claims filed on or afte In addition, the period for is claims may be reported should extend for a minimum of twelve .2 (12) months following the acceptance of work by the County. ty Commissioners shall be named as Additional Insured on all The Monroe County Board of Coun policies issued to satisfy the above requirements. E ............................................ SUFIANCE F(Yl1,MS 100"'120-Page 3()or 35 Packet Pg. 351 0114111 i-E111R, MA11111%I ENAINCE AND SE11FMICE VEHICLE 11 IIABIII ITY INSURANCE Ill EQUIRE'IMENTS FOR Chiller Maintenance and Service BETWEEN .2 MONROE COUNTY, FLORIDA AND AIR MECHANICAL & SERVICE CORP ........... .2 Recognizing that the or governed by this contract requires the use of vehicles, the Contractor, 06 prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for, Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: U) $200,000 per Person r_ 0 $300,000 per Occurrence 0. U) $200,000 Property Damage 2 a. U_ The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. .2 E ...................................................................... ............................................................................... 1010 1210-IR age�31 of 35 1"S AIM[), 1!::::<'.)R11WS Packet Pg. 352 11MAIE111111 11 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Emp $100,000 Bodily Injury by Accident loyers Liability $500,000 Bodily Injury by Disease Policy Limits $100,000 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability 06 Personal Injury Liability Vehicle Liability(Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit Ifs lit limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage U) r_ 0 Builders is Not Required Limits equal to the full replacement 0. value of the completed project U) 2 a. Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and of the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (1) any claims, actions or causes of action, (Ii) any litigation, administrative proceedings, appeII ate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated Wth 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 or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its empl contracltors or other invitees, or(C) Contractor's default in respect of any E 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 2 intentional or of negligent acts or omissions of the COUNTY or any of its employees, agents contractors or invitees (other than Contractor). The monetary limitation of liability under thi� contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. 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. INSURANCE REQUiREMENTS AND FORMS 00120-Page 32 of 35 1 Packet Pg. 353 CHIHILLIER �IIIW,AINT�ll,��N,A�IIYC�E ,A�IIND S1:,,,:,,:iRV1110E In the event that the completion oft 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 .2 occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid tot Contractor is fort indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements .2 contained elsewhere within this AGREEMENT. it .papII ER STATi M F:IN r 06 1 understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Blaine Byers for Air Mechanical Service Corp ........... .......................................................... ................. .................................. ..................................................................................................................................................... Z Signature ii.4lai�ii:,m Byers U) r- 0 CL U) 2 [L U- .2 r- E ......................................... Z 00 120-Page 33 of 35 lN,I11;- LJRAlN,ICE:,.:. R1:..:..:,QUREMEti rs AhUlD Fii()RMS Packet Pg. 354 AND SERVICE 's I have reviewed tie above requirements vAth the proposer named above. The fbilowing deductibles apply to the corresponding policy. POLICY DEDUCTIBLES 20 11 0 CPP20950420401 1/1/2019-2020 0 ......................................._........... ................ ............................ ................................. .............. ............. IPFC2107728021013 1/1/2029:2020 0 it ..""""""""""ten.. ........ ....................... .............. 06 CM209504.10402 :11,/:1/201S 2020 .......... .......... M 2_ Liability policies SM_!_Oocurrence Made 1ASSITER WARE INSVRANCE ...................... ................. ............................ pl insuiranca Agency "S'lginshire U) r- 0 U- M M E End of SecHon 00120 .......... ................................................................................................................................................... DD120 Poffe�56 cl RE, S'IUFIANU.�::� RMS rPacket g. 355 * DAW(JAMOOffVVY) ACGO&D CERTIFICATE OF LIABILITY INSURANCE -1212612018 THIS CIERTIFICATIE OS ISSUED AS A" MATTER OF INFORMATION ONLYAND CONFERS NO RJGHTS UPON THE CERTIFICATE"OLDIER.THIfS CERTIFICATE IDOES INOT ArFiRmAnvELy OR NEG ATIIVELY AMEND,EXTEND OR AILTER'THE COVERAGE AFFORDED BY'THE POLICIES J1 I I CIERTIM"TIE OF IINSURANCE Do 13E nH S R r 7 ANID-THE CE BELOW. THIS CERTIFICATE OF INSURANCE IDoEs Nar CONsn'TUTE A CONTRACT BETWEEN THE ISSUING IIINSURER(S),AUTHORIZED W REPRESENTATIVE OR PRODUCER,AND'THE CERTIFICATE HOLDER. nr WORTANT. If the corfficate Iholder Is an ADOMONAL INSURED,the policy(les)must Ihave ADDITIONAL I[NSUREID provisions or The endorsed,. If SUBIROGATION IIS WAIIVED.,subject to the term and conditions of the policy,ceirlain pollcles,ffoy require an endorsenieft A statement on this cardfleate does not confer rights to the cerifficale Ibolldelr in lieu of such ondamement(s). PRODUCIM MAIN 1A Eryn Zak Lassiter-Mve hwance of"rampe IBay 0- 1300 N.Westshore Blvd. SuRe 110 Yampa 11-IL 33607 88 Air Mechanical&Service Corp. INSURER C. Saft-Asle fnsurarwA Company 41297 0 2700 Ave of The Americas INsIIDrmIERlmll ROSUIRER E., Engliwwd FL 342014 COVERAGES CEIRPSICATIE NUMBER: 19-20 Master REVISION NUMBER: THITS IIS TO CIERVFY THATT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED INAMIED ABOVE IFOR'rHE POLICY PERIOD INDICATED. V�FOTVVrTHS'rANDINGANYIREQUIIREMEN"r,TERM OR CONINT110N OF ANY CONTRAC"r OR OTHER DOCUMEN'r WTIJ RESPECTTO WHCH TFUS GERTIF11CAPE I BE ISSUED OR MAY PERTAIN,'THE INSURANCEAFFORDED By'rHE POLICIES DESCRIBED HEREIN IS SUBJECTTOAL11-niE"IrEIRMS, EXCLUSIONS AND CONDITIONS OF SUCH PO LICE&UMMS SHOYM MAY HAVE IBlEIE04 REDUCED BY PAID CLAIMS 4) 11 R SIM CY 11 - 11 y- 0 I LgN"S I TR III D Nuffirdy IWDDM COMMERCIAL GENERAL JABILaY A-12-01,001 CLAIIAS-MADE, 19 OCCUR AL=000110 CONTRACTUAL LIABILITY _NNED EYP Rk,1112.S.1) $_'"00 CL U D JA :XCU INCLU:D:EID IN CPP20950420401 0110112019 011010020 PER30MAIIADVIIIIJ11 4 1,000,000 GEN W'LA.K RIEGATE L0411-APPLIES PER: GENERALAGGIRrSATE pD 2,000,000 OLI"Z i'r_-r'T- El LOC _ERODVCrS-COMWOPAGG $ 2,000,0100 BAPILOYEE BIENEFIITS $ 1,000,000 OTHCR� ]-0P-01;L1C"--R-? WW~ comw FID sl—iqGLr Tu-mTr— 1,000,000 AILff0M0B?LEIJA8ILJ'nr En Ord U) ANYAUTO BODILY INJURY(Per Reffw) r- 0 A OINNED SGHIEDUIXD N CA200SD410402 0110V2019 OV01r2020 BODWY INJURY PK W-ddwt) $ AUT06 ONLY AUTO$ So qIL UIXD A888 141RED NONEOCED 7PP-0PrRTf—DAJ1AA0IE L,TW AUTM ONLY -JA JTOS ONLY PIP-BASIC 10,0010 Q- UMBIRELLA LJAB 5"0100,000 LL OCCUR _fACH 0(,CU5RENCE-___ IEXCESS LIAR CLAFIVS-MAIDE 5811111027 01/01/2019 0110112020 AGGREGATE BED RE TENDON$ 0 TH� IF, OT M,COMPONSRTION AND 2EMPLOYERV aWAMLffY Y f N r 1,000.000 ANYPROPMEFOROPARTNERMXECU71VE EDIN E.L EACH ACCIIDIENF M A OFMCFERIMEMSER EX CLUE NIA VVC210772SOID-1 0110V2019 0110112020 C 5 1,000,000 .2 f0liandeftiry 4n NH) MIL MSEASIE-EA EMPLOYE' 000"'00() IN' "UG Ify0a,desuft 1,000,000 DESCRIPTION OF OPERAnONS lbobv IE.L.DISEASE-POUGIF LIJMIT S E L CLMM WiT CONTRACTOR'S IPOLLUTION (. IN iM t�', C CONTRACTOR'S PROFESSIONAL VRS0003102 01101/2019 0110,1/2020 GIEINEJI�ALAGGRIEGATE $2,D00,000 DESCWTION OF OPERAmn'CNYS D ILOCAnCINS d VMPCLES(ACORD 101,AddlllonaI Ramavim Sd"Ulv,maY b9 Aft&wd N lmwrB SIRM b Creqwnd) MonnDe Cou*Board of Cou*Commissioners Is named as AftfionW Insured wfth respect to General Uabiffty.,Aulamobife LiablIty and Umbra%ILiabilllty when requi1red by wdWn contracl. CER71IF11CNTE HOLDER CANCELILAWN SHOULD ANY OFTHE ABOVE DESCFUBED POLICIES BIE CANCELLED BEFORE THE IEXPII TI10N DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE VWTIH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Slynonton Streat AUTHORIEW RIEPRESINTATME Gale Bldg,Room 2213 � Key West FL 33040 a 1988-2015 ACORD CORPORATION. All rIgIhft reserved. ACC RD 25(201W83) 'The ACORD name and loge,am vagistered marks of AC RID I Packet Pg. 356 (JeOlU yaa JIV-OOIAJOS IR aaU Ua U! 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