Item C34 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16, 2014 Division: Public Works/Engineering,
Bulk Item: Yes X No Department: Facilities Maintenance
Staff Contact Person Dent Pierce, (305) 292-4560
AGENDA ITEM WORDING: Approval to increase the contract amount from $70,000/year to
$175,000/year with TEM ENVIRONMENTAL & MECHANICAL SERVICES, Corp. for Lower Keys
facilities central air conditioning maintenance and repair.
ITEM BACKGROUND: The original bid documents and agenda item summary awarding the
agreement stated that the contract shall not exceed $70,000.00/year unless approved emergency work as
described in contract exceeds limit. There have been many unexpected repairs and/or emergency work at
various locations, i.e., Harvey Govt. Building/Nutrition Center ($14,280.35), Big Pine Key Library
($7,250.40), Lester Building labor costs ($5,471.33) for re-installing defective compressors under
warranty, Bayshore Manor ($8,046.62 + $28,297), East Martello ($34,500) and KW Library (est.
$15,000).
PREVIOUS RELEVANT BOCC ACTION: On September 21, 2011, the BOCC approved award of
bid and contract with TEM Environmental & Mechanical Service Corp. On September 21, 2012, the
BOCC approved an amendment and first renewal agreement. On September 17, 2013, the BOCC
approved the second renewal agreement.
CONTRACT/AGREEMENT CHANGES:
Increase contract amount not to exceed limit from $70,000/year to $175,000/year commencing March
01, 2014 and terminating October 31, 2014; labor costs remain at: Regular rates, $66.00 per hour,
mechanic, $97.42 per hour, mechanic plus helper. Overtime rate; $102.69 per hour, mechanic, $148.75 per
hour,mechanic plus helper.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $175,000 INDIRECT COST: BUDGETED: Yes X No=
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: '"des No X AMOUNT PER MONTH Year
APPROVED BY: County Atty 4 OMB/hurt, using � Risk Manage��me4 ,.S
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: TEM Environmental & Contract#
Mechanical Services, Corp.
...._.......... ......
Effective Date: 03/01/14
Expiration Date: 10/31/14 _
Contract Purpose/Description:
Amendment to increase contract amount from $70,000/year to $175,000/year with TEM
ENVIRONMENTAL &MECHANICAL SERVICES, Corp. for Lower Keys facilities
central air conditioning maintenance and repair.
Contract Manager: Alice Steryou 4549 Facilities Maint/#4
(Name) (Ext.) (Department/Stop #)
for BOCC meetina,on 07/16/14 Agenda Deadline: 07/01/14
CONTRACT COSTS
Total Dollar Value of Contract: $ 175,000.00 Current Year Portion: $ -0-
(unless approved emergency work as
described in contract exceeds limit)
Budgeted? Yes® No F� Account Codes: 001-20501-530-340-
Grant: $ 101-20505-530-340-
County Match: $ 147-20503-530-340-
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date
i Needed
Division Director ❑ _ . _..
, � � �.�..�
_ Yes NoReviewer.. �...
Risk Management gement � � Yes ], Nod
O.M.B./Pure asing -1�1�1 YesEj No � 2,
County Attorney Yes❑ Nc
Comments:
OMB Form Revised 2/27/01 MCP#2
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CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES, MONROE COUNTY, FLORIDA
3. Materials—Freon for recharging systems:
BID PRICE PER POUND: R-22 $
R-12 $
R-11 $
134 A $
408 A $
404 A $
123 $
4. Materials—Supplies and Replacement Parts:
BID PRICE: Manufacturer's Invoice plus %
5. Freon evacuation and disposal shall be a part of the Contractor's rate, and shall
not be billed as an additional item.
6. Bidder acknowledges that the total cost to County shall not exceed Seventy
Thousand Dollars ($70,000.00) unless approved by the Board of County
Commissioners.
I acknowledge receipt of Addenda No. (s)
I have included the Bid which includes
1. Bid Form
2. Non-Collusion Affidavit
3. Lobbying and Conflict of Interest Clause Form
4. Drug Free Workplace Form
5. Local Preference Form
In addition, I have included
6. Current copy of Contractor's License
7. Copy of Monroe County Business Tax Receipt
8. Insurance Agents Statement
9. Bidder's\Respondent's Insurance & Indemnification Statement
10, All requirements as stated in the Instruction to Bidders, Paragraph 4.
(Check mark items above, as a reminder that they are included.)
Mailing Address: Telephone:
Fax:
Date:
Signed: Witness:
(Seal)
Print Name
Title
Bid Documents 3-2 August 2011
SECOND RENEWAL AGREEMENT c:01PY(
(CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR-LOWER KEYS FACILITIES)
w 1111S SU,"'COND RLNEWAL AGRI:I II;N1" is made and entered into this t o day of
3, be1ween MONROE t ttIINTY (hereinafter "County" or "Owner"), a political
subdivision Of thy. Staten ol`1,`kirida, whose address is 1100 Simonton Street, Key West, Flotida 33040,
and TEM ENVIRONMENTAL & MECHANICAL SERVICE CORP (hereinafter "TEM"), whose
address is 31425 SW 202 Ave, Homestead, Florida 33030
WHEREAS, the parties hereto did on September 21, 2011 enter into an Agreement for Central
Air Conditioning Maintenance and Repair Services to County bower Keys Facilities (hereinafter
"Original Agreement"); and
WHEREAS, On September 21, 2012 the BOCC approved an Amendment and First Renewal
Agreement;and;
WHEREAS, the parties have found the Agreement as Amended to be mutually beneficial; and,
WHEREAS, the patties find that it would be mutually beneficial to enter into this Second
Renewal Agreement;now therefore;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below,the parties agree as follows:
I. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
commence on November I, 2013 and terminate October 3t,2014. The contract amount is
adjusted 1.7% in accordance with the percentage change in the U.S. Department of
Commerce Consurner trice 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.
Labor—Normal working hours of 8:00 a.m.to 5:00 p.m. Monday through Friday, excluding holidays:
$64.89 per hour, mechanic to S 66.00 per hour
$95.79 per hour, mechanic plus helper to$97.42 per hour
Overtime rate for hours other than the normal working hours as stated above, including holidays:
$100.97 per hour, mechanic to$ 102.69 per hour
$1.46.26 per hour, nnechanic plus helper to$ 148.75 per hour
2. Except as set forth in paragraph I of this Second Renewal Agreement, in all other respects,
the terms and conditions set forth in the Original Agreement as Amended remain in full
force and effect.
p/ryP1l� X��r p ��,$ 1M1J,WOk
WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first
nit esr.
�t Oo�
( BOARD OF COUNTY COMMISSIONERS
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y" v o ,,.....v, CI�CI"�1� ttLAN°N'°� 1 l t�tl llTA
I)I� AMY 1-IEAVILIN, OflttIt
BY_ . .s. .k
M " Ryputt ttlerk Mayor/Chairperson
Witnesses for CONTRACTOR: '' TEM ENVIRQNMENI A�, MECHANICAL
SERVICE t."i"Mi" f
._.
nature
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12
Date Print Maine,
mat ...,,:.�'
Date ' 1U15erVOT f,
AMENDMENT AI" D FIrRST,RENE"'LAIC, AGREEMENJ f
(CENTRAL AIR CO'N'DMONLNC MAINTENANCE AND REPAIR-LOWER KEYS AC T.IF�
3"HI$ AM.NDMENT AND FIRST RENEWAL AGREEMENT is made and entered into this
`day o 2012, between MONROE COUNTY (hereinafter "County" or
44 wrier"), a politic I subdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, and TEM ENVIRONMENTAL & MECHANICAL SERVICE CORP J
(hereinafter"TEM"), whose address is 31425 SW 202 Ave, Homestead, Florida 33030
WHEREAS, the parties hereto did on September 21, 2011 enter into an Agreement for Central
Air Conditioning Maintenance and Repair Services to County Lower Keys Facilities (hereinafter
"Original Agreement"); and
f
WHEREAS, the parties have found the Agreement to be mutually beneficial; and;
WHEREAS,the parties find that it would be mutually beneficial to enter into this amendment and
first renewal agreement; now therefore
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below,the parties agree as follows:
1. In accordance with Paragraph 4 of the Original Agreement, the County exercises the option
to renew the Original Agreement for the first of the two (2) one-year terms. This term will
commence on November 1,2012 and terminate October 31,2013. The contract amount is
adjusted 3% 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.
Labor—Normal working hours of 8:00 a.m.to 5:00 p.tn. Monday through Friday, excluding holidays: o
-:. ti —
$63.00 per hour, mechanic to $64.89 per hour
$93.00 per hour, mechanic plus helper to$95.79 per hour ry _r
Overtime rate for hours other than the normal working hours as stated above, including holidays;
-7-
$98.00 per hour, mechanic to$ 100.97 per hour
$142.00 per hour, mechanic plus helper to$ 146.26 per hour w
2. In accordance with Paragraph 3: Payments to Contractor, Section F: Freon for reehkargin'
systems of the Original Agreement, R-22 at$10.75 per pound to R-22 at$16.75 per pound. j
3. Except as set forth in paragraph 1 and 2 of this Amendment and First Renewal Agreement,
i
in all other respects, the terms and conditions set forth in the Original Agreement remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
( E ) BOARD OF COUNTY COMMISSIONERS
TTB81 ; DANNY L, KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
B
Deputy Clerk Chairperson
Witnesses`for CONTRACTOR: TEM ENVIRONMEI"J �" .E&MECHANICAL
SERVICE IC RP
gn tur� B � �� . . . ,..�.
Date �� ��.n..... Print Na��ne
COUNTY Ot YNT l 4
i nttt
�- '�.� �. ��'..✓ "its � ....,m.. PEOAo.1, w + "� ( r Y
AssIS'�6N` I
1D to 3�1
Date
BOARD OF COUNTY COMMISSIONERS COPY
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2011 Division: Public Works
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person Bob Stone,(305)289-6036
AGENDA ITEM WORDING: Approval to award bid and execute a contract with TEM
ENVIRONMENTAL & MECHANICAL SERVICES, CORP. for Lower Keys facilities central air
conditioning maintenance and repair.
ITEM BACKGROUND: The Lower Keys facilities central air conditioning maintenance and repair
agreement terminates October 31, 2011. Bids were received on August 17, 2011 with (1) TEM
ENVIRONMENTAL & MECHANICAL SERVICES, Corp. — Labor during regular hours
$63.00/mechanic/hour, $93.00/mechanic and helper/hour; overtime $98.00/mechanic/hour,
$142.00/mechanic and helper/hour; Freon — R-22 $10.75/lb, R-12 $29.70/lb, R-11 $34.11/lb, 134 A
$16.25/lb, 408 A $22.25/lb, 404 A $16.75/lb, 123 $128.88/lb., parts - manufacture's invoice plus 5%; (2)
SUB-ZERO, INC. — Labor during regular hours $95.00/mechanic/hour, $125.00/mechanic and
helper/hour; overtime $115.00/mechanic/hour, $145.00/mechanic and helper/hour; Freon — R-22
$16.00/lb, R-12 $42.00/lb, R-11 $42.00/lb, 134 A $26.00/lb, 408 A $32.00/lb, 404 A $26.00/lb, 123
$26.00/lb, manufacture's invoice plus 30%; and (3) JOHNSON CONTROLS, INC. - Labor during
regular hours $95.00/mechanic/hour, $145.00/mechanic and helper/hour; overtime
$136.00/mechanic/hour, $186.00/mechanic and helper/hour; Freon—R-22 $11.00/lb, R-12 $32.00/lb, R-
11 $19.50/lb, 134 A $10.00/lb, 408 A $11.75/lb, 404 A $8.65/lb, 123 $9.00/lb, manufacture's invoice
plus 18%.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $70,000 INDIRECT COST: BUDGETED: Yes X No
( PP emergency Unless approved work as described in contract exceeds limit)
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty_ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
AGREEM
NT TO
AIR
IONING MAINTENANCE
AND REPAIR E DOWE ,CENTRAL`YSS FACILI IE U MONROE COUNTY R FL
..��. C)II1D.A.
This Agreement is made and entered into this 9/--day of September, 2011, between
MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and TEM
ENVIRONMENTAL & MECHANICAL SERVICES. CORP. ("CONTRACTOR"), a Florida
corporation, whose address is 31425 SW 202 Avenue, Homestead, FL 33030.
WHEREAS, COUNTY desires to provide central air conditioning maintenance and
repair services to COUNTY Lower Keys Facilities;: and
WHEREAS, CONTRACTOR. desires and is able to provide central air conditioning
maintenance and repair services to COUNTY Lower Keys Facilities; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide central
air conditioning maintenance and repair services to COUNTY Lower Keys Facilities, now
therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
only. The Agreement consists of this document, the bid documents, exhibits, and any addenda
2. SCOPE OF THE WORK
A. Routine repairs and maintenance of all county maintained central air conditioning
units in the Lower Keys area.
B. Emergency repairs of all county maintained central air conditioning units in the
Lower Keys area. The.CONTRACTOR shall be available 24 hours per day, 365 days per year.
The CONTRACTOR shall be at the site of an air conditioning malfunction within three (3) hours
of verbal or written notification by the COUNTY. The CONTRACTOR shall provide an after
hours contact person and phone number. The COUNTY, upon award of the contract, shall
provide a contact person and phone number for building and equipment access.
C. The CONTRACTOR shall have access to a supply of all parts and controls
normally necessary for the emergency repairs of all county maintained central air conditioning
units so that such emergency repairs will be completed within 48 hours of notification by the
COUNTY.
D. The COUNTY shall reimburse the CONTRACTOR for the Manufacturer's
invoice cost of all parts and materials (excluding freight and tax), plus percentage indicated in
section 3D of this agreement, that are used in the repair of all county maintained central air
conditioning units. Manufacturer's invoice must accompany all requests for payment for any
part which exceeds $500.00, and may be requested for any part regardless of the cost at the
Agreem
ent 1 August 2011
discretion of the Senior Director of Public Facilities Maintenance, or his designee. 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 exceeding $500 must accompany requests for
payment. Freight invoices may be requested for any freight charge, regardless of the cost, at the
discretion of the Senior Director, Public Facilities Maintenance, or his designee.
E. In the event of a major component failure or system breakdown, the COUNTY,
when deemed as an emergency situation, shall have the option to request from the
CONTRACTOR only, a proposal/quote for replacement equipment in an amount that could
exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 up to and including $10,000
must be approved and signed by the Division Director and/or the County Administrator. Any
proposal over $10,000 up to and including $25,000 must be approved and signed by the Division
Director and the County Administrator.
F. The facilities are located throughout the Lower Keys area. Buildings to be
serviced shall include, but shall not be limited to,the following:
KEY WEST COURTHOUSE
Jackson Square Complex, 500 Whitehead Street, Key West
MONROE COUNTY COURTHOUSE ANNEX, a/k/a JUDGE JEFFERSON B.
BROWNE COURTROOM COMPLEX(including 1986 Jail Addition)
Jackson Square Complex, 510 Whitehead Street, Key West
J. LANCELOT LESTER JUSTICE BUILDING
INCLUDING CLERK'S RECORDS STORAGE FACILITY
Jackson Square Complex, 530 Whitehead Street,Key West
FREEMAN JUSTICE CENTER
302 Fleming Street, Key West
JUVENILE DETENTION
500 Whitehead Street, Key West
KEY WEST LIBRARY (MAY HILL RUSSELL LIBRARY)
700 Fleming Street,Key West
GATO BUILDING
I100 Simonton Street, Key West
HARVEY GOVERNMENT CENTER
1200 Truman Avenue, Key West
HARVEY CENTER NUTRITION SITE
1200 Truman Avenue, Key West
TAX COLLECTOR/DMV OFFICES
3439 South Roosevelt Boulevard, Key West
Agreement 2 August 2011
MONROE COUNTY DETENTION FACILITY
5501 College Road, Key West
SHERIFF'S ADMINISTRATION BUILDING
5525 College Road, Key West
STOCK ISLAND FIRE STATION
2nd Street and McDonald Avenue, Stock Island
BAYSHORE MANOR
5200 College Road,Key West
BIG COPPITT FIRE STATION
28 Emerald Drive, Big Coppitt Key
SHERIFF'S SUB-STATION
US Highway 1, Cudjoe Key
BIG PINE KEY FIRE STATION
390 Key Deer Boulevard,Big Pine Key
BIG PINE KEY LIBRARY (one-story CBS Building)
Big Pine Key Shopping Center, Big Pine Key
TAX COLLECTOR/SHERIFF'S OFFICE
Big Pine Key Shopping Center,Big Pine Key
HOUSE AT BIG PINE KEY PARK(formerly OLD MARINER'S RESORT)
31009 Atlantis, Big Pine Key
BIG PINE KEY PARK COMMUNITY CENTER
31009 Atlantis, Big Pine Key
3. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
B. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by COUNTY and upon
submission of invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, at completion of the work/repair by the CONTRACTOR
and approval by the on-site COUNTY representative. Acceptability to the Clerk is based on
generally accepted accounting principles and such laws, rules and regulations as may govern the
Clerk's disbursal of funds.
D. COUNTY shall pay the actual cost of parts and materials, excluding freight and
tax amounts, purchased from the manufacturer plus 5%to fulfill the obligations of the Contract.
Freight and tax amounts shall be reimbursed for amounts charged. A manufacturer's invoice
must accompany all requests for payment for any part which exceeds $500.00, and may be
Agreement 3 August 2011
requested at the discretion of the Senior Director, Public Facilities Maintenance, or his designee,
for any part, regardless of the cost. Freight invoices over $500.00 must accompany all orders
that require shipping or transportation of parts whether the part is under warranty or not, and may
be requested at the discretion of the Senior Director, Public Facilities Maintenance, or his
designee,for any freight charge, regardless of the cost associated(see 2.D.).
E. The cost of labor used by the contractor to fulfill the obligation of the Contract.
The labor costs will be calculated using the unit prices set forth in the Contractor's bid as
follows:
Labor— Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays:
$63.00 per hour,mechanic
$93.00 per hour, mechanic plus helper
Overtime rate for hours other than the normal working hours as stated
above, including holidays:
$98.00 per hour, mechanic
$142.00 per hour, mechanic plus helper
Such costs must be documented for each repair and/or maintenance job and included with all
Applications for Payment.
F. Freon for recharging systems:
R-22 $10.75 per pound
R-12 $29.70 per pound
R-11 $34.11 per pound
134 A $16.25 per pound
408 A $22.25 per pound
404 A $16.75 per pound
123 $128.88 per pound
Freon evacuation and disposal shall be a part of the Contractor's rate, and shall not be
billed as an additional item.
Contractor shall submit with all invoices the Application for Payment form attached.
4. TERM OF AGREEMENT
This Agreement shall commence on November 1,2011 and ends upon October 31, 2012 unless
terminated earlier under paragraph 18 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 30 days prior to the end of the initial term. Unless the context clearly
term of this Agreement shall mea
n the initial term of
one
indicates otherwise, references to the g
(1)year.
Agreement 4 August 2011
The Contract amount shall 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.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
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.
6. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR.
7. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other 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 Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
8. HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii)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, sub-contractors or other invitees during the
term of this AGREEMENT, (B) the negligence or willful misconduct 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 negligent acts in part or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as
the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this AGREEMENT, this section will survive the
expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT.
Agreement 5 August 2011
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at a minimum statutory limits as required by
Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
$100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all
hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of
liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar
days' written notice shall be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be primary
insurance with respect to the COUNTY, its officials, employees, agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY
and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement
entered into by the COUNTY be required to contain any provision for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find CONTRACTOR or any of
his employees, subcontractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
11. 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
Agreement 6 August 2011
on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject
matter of,this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners of
Monroe County and CONTRACTOR, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by reference
into any assignment or subcontract and any assignee or sub 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.
13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all
laws of the Federal and State government, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter adopted.
Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and
State government. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to terminate this
Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with
these specifications throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
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,
' unauthorized
• h ones agency; unauthort e
solicitation or acceptance of gifts; doing business with g y,
Agreement 7 August 2011
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.
15. 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.
16. NOTICE REOUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY: FOR CONTRACTOR:
Monroe County TEM Environmental &Mechanical Services, Corp.
Public Facilities Maintenance ATTN:
3583 South Roosevelt Boulevard 31425 SW 202 Avenue
Key West, FL 33040 Homestead, FL 33030
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
17. 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.
18. TERMINATION
A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with
seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of
either party to perform the obligations enumerated under this Agreement.
B. Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty(60) days written notice of its intention to do so.
Agreement 8 August 2011
19. GOVERNING LAW,VENUE,INTERPRETATION. COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or interpretation
of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida.
20. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
21. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the 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.
22. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's
fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and
out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court
system.
23. 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 COUNTY and
CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
24. 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
Agreement 9 August 2011
agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision
of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors,
and assigns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary COUNTY and corporate action, as
required by law.
27. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek,
and obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by each party
prior to submission.
28. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
30. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
Agreement 10 August 2011
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
31. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement.
32. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
33. EXECUTION IN COUNTERPARTS,
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any
of the parties hereto may execute this Agreement by signing any such counterpart.
34. 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.
35. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a Construction Manager, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
36. 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.
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this contract
agreement.
38. 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
Agreement 11 August 2011
on which this Agreement is dependent are withdrawn, this Agreement is terminated and the
County has no further obligation under the terms of this Agreement to the Contractor beyond that
already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date first written above in four (4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest:ell DANNY,L' KOLHAOE, CLERK OF MON�RO ' „O "� y, FLORIDA
By; ;� By,.
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APPLICATION FOR PAYMENT DETAILS
DATE:
ARRIVAL TIME° DEPARTURE TIME:
LOCATION:
PARTS AND MATERIALS COSTS
ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL
1
2
3
4
5
PARTS &MATERIALS SUB-TOTAL
%INCREASE ON ABOVE PARTS&MATERIALS
FREIGHT CHARGE(amount charged to be reimbursed)
TAX CHARGES (amount charged to be reimbursed)
PARTS&MATERIALS TOTAL $
FREON COSTS
LBS OF @ PER POUND
FREON TOTAL $
LABOR AND EQUIPMENT COSTS
HOURS @$ SUB-TOTAL $
,HOURS @$ SUB-TOTAL $
LABOR& EQUIPMENT TOTAL $
TOTAL $
DESCRIPTION N OF WORK;
Date Authorized Signature/Title
*Contractor must provide a copy of the Manufacturer's Invoice for parts over$500.00,and may be required to provide
Manufacturer's Invoice for all parts provided. Contractor must provide copy of freight invoice for transportation or
shipping costs over$500.00,and may be required to provide an invoice for any freight charge,regardless of the cost.
Agreement 13 August 2011