Loading...
HomeMy WebLinkAboutItem C29BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 19, 2011 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person: Dent Pierce, 292-4560 AGENDA ITEM WORDING: Approval to execute a contract with Carrier Commercial Service as sole source provider for a service agreement to include preventative maintenance for the two Carrier chiller units and equipment at the Gato Building in Key West. ITEM BACKGROUND: Carrier is the original equipment manufacturer for the Gato chillers and has been servicing them since renovation was completed in 2001, first by performing Carrier warranty related preventative maintenance, and thereafter on an "as requested" or "as needed" basis. Staff has determined, due to rising costs, a three-year agreement would be beneficial to the County. The 3-year agreement price is $74,412 or $24,804 the first year to be billed quarterly in arrears, and will be adjusted each year to reflect the percent increase shown by the index of the Producer Price Index for Metals and Metal products published by the U. S. Department of Labor, Bureau of Statistics for the adjustment month compared with the index for the same month of the previous year, and the percent increase to Carrier's straight time hourly labor rates contained in Carrier's applicable collective bargaining agreement compared with the straight time hourly labor rates for the same month of the previous year. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST:_$24,804/year 1 + repairs INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year f�tb APPROVED BY: County Atty /_/V�OMB/Purchasing _ Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Carrier Commercial Service Contract # Effective Date: October 1, 2011 Expiration Date: September 30, 2014 Contract Purpose/Description: Approval to execute a contract with Carrier Commercial Services for service and preventative maintenance of the Gato Building chillers Contract Manager: Jo B. Walters 4549 Faclities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 10/19/11 Agenda Deadline: 10/04/11 CONTRACT COSTS Total Dollar Value of Contract: $ 24,804 yr 1 + Current Year Portion: $ 24,804 + repairs repairs Budgeted? Yes® No ❑ Grant: $ N/A County Match: $ N/A Estimated Ongoing Costs: $_ (Not included in dollar value above Account Codes: 001-20501-530-340-_ ADDITIONAL COSTS _/yr For: CONTRACT REVIEW utilities, janitorial, salari Changes Date Out Date In Division Director Z 1 i Needed Reviewer Yes❑ No[�6,4 Risk Manage nt Yes❑ No q-d7-(l O.M.B./Purksing R a 1 Yes[] No[i}' IFIwm,�Zil 17/ aa/ll 71�� # z S, County Attorney Yes❑ No 1 , I Comments: OMB Form Revised 2/27/01 MCP #2 This SERVICIO AGREEMENT entered into by and between: ER COMMERCIAL SERVICE FLORIDA SERVICE BRANCH 5440 NW 33RD AVE Suite 108 r LAUDERDALE, FL 33309 (800) 299-1247 (954) 247-2096 MONROE COUNTY GATO BUILDING 1100 SIMONTON STREET ROOM 203 KEY WEST, FL 33040 FOR SERVICE AT: Gato Building 1100 Simonton Street Key West, FL 33040 Proposal Number: 58923 iposal Date: August 10, 2011 EQUIPMENT/CONTROLS DEVICE See "Equipment/Controls Device List's AGREEMENT PRICE: The TOTAL AGREEMENT PRICE is $ $6,201.00 in arrears of Preventative Maintc AGREEMENT TERM This AGREEMENT shall become effective may terminate this Agreement at any time b Agreement Price for the first year of the inil of the initial term but adjusted to reflect the Metals and Metal products published by the month compared with the index for the sam percent increase to Carrier's straight time he agreement compared with the straight time 1 term of the Agreement. The Agreement Pri shown by the index of the Producer Price In Labor, Bureau of Statistics for the adjustmei year, and the percent increase to Carrier's st bargaining agreement compared with the str VICES i for a list of equipment included in this Agreement. 12.00 covering a term of 3 years. Invoicing will be quarterly @ :e scheduled visits. ipon October 1, 2011 and shall continue for a 3 year term. Either party giving thirty (30) days written notice to the other party. The it renewal term will be the same price of the last year of the final year ,ercent increase shown by the index of the Producer Price Index for J.S. Department of Labor, Bureau of Statistics for the adjustment month of the final year of the original term of the Agreement and the trly labor rates contained in Carrier's applicable collective bargaining )urly labor rates for the same month of the final year of the original will be adjusted annually thereafter to reflect the percent increase ex for Metals and Metal products published by the U.S. Department of month compared with the index for the same month of the previous right time hourly labor rates contained in Carrier's applicable collective fight time hourly labor rates for the same month of the previous year. ACCEPTANCE AND APPROVAL This shall become a valid Agreement upon signature by Customer and signature by a Carrier representative in the Carrier approval blocks below. The undersigned acknowledges and agrees by its signature that the General Provisions, Scope of Service, and any amendment or addenda signed by and approved by both parties with respect thereto constitutes the entire Agreement No agent of Carrier or employee shall have authority to alter or waive any General Provisions unless written approval ip obtained from Carrier. Submitted By: SA McLennan. Ft. Lauder, Execution by Authorized Representatives: CUSTOMER ACCEPTANCE: Monroe County Customer Acceptance (signature) Date Customer Acceptance (typed/printed name) Title AS PEDRO J. Date: 8/11 /2011 CARRIER APPROVAL: Carrier pp (sigma } Date Gtwl s W c cQi f I b� t4 Carrier Approval (typed/printe name) dL�V�Ci: S�,ryV!5�✓ Title Z 41/ ARRIER CORPORATION TERMS AND CONDITIONS OF SALE — EQUIPMENT AND/OR SERVICE 1. PAYMENT AND TAXES- County's performance and ligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. County shall pay in accc rdance with the Florida Local Government Prompt Payment Act F.S. 218.735; payment will be made after delivery and inspection by County and upon submission of invoice by Contractor. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. 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. The County designates the Clerk of Courts as its agent under the Local Government Plrompt Payment Act, Florida Statues Section 218.735 2. EXTRAS- Equipment, parts or labor in addition to th se specified in this Agreement will be provided upon receipt of Customer's written authorization and paid for as an extra and subject to the terms of this Agreement. 3. RETURNS- No items will be accepted for return withotit prior written authorization. Returned goods may be subject to a restocking charge. Special order and non -stock items cannot be returned. 4. SHIPMENT All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate. Carrier does not guarantee a particular date for shipment or delivery. 5. PARTIAL SHIPMENT- Carrier shall have the right to s ip any portion of the equipment included in this Agreement and invoice Customer for such partial shipment. S. DELAYS— Delays caused by conditions beyond the reas 3nable control of either party shall not be the liability of either party to this Agreement. 7. WARRANTY- Carrier warrants that all equipment manul actured by Cartier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workm nship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be de ective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not wa-rant products not manufactured by Carrier Corporation, but it does pass on to Customer any available manufacturer's warranty for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such service is date ined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re -perform or issue a credit for such service, Carrier's obligation to repair or replace any defective equipment, parts or components during the warranty period shall be Customer's exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for 11 ransportation, handling and shipping or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a cons uence of faulty installation, misapplication, vandalism, abuse, exposure to chemicals, improper servicing, unauthorized alteration or improper o ration by persons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU OF ALL B. WORKING HOURS— All services performed under this greement including major repairs, are to be provided during Carrier's normal working hours unless otherwise agreed. , B. ADDITIONAL SERVICE- Services or parts requested by Customer in addition to those specified in this Agreement will be provided upon receipt of Customer's written authorization and invoiced at Carriers prevailing labor rates and parts charges. Additional services or parts shall be supplied under the terms of this Agreement. 10. CUSTOMER RESPONSIBILITIES (Service Contracts nly) — Customer shall: • Provide safe and reasonable equipment ess and a safe work environment. • Permit access to Customers site, and se of building services including but not limited to: water, elevators, receiving dock facilities, electrical service and local telep one service. • Keep areas adjacent to equipment of extraneous material, move any stock, fixtures, walls or partitions that may be necessary to perform the specified servi . • Promptly notify Carrier of any unusual op rating conditions. • Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service. • Provide adequate water treatment. • Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings. • Where Carriers remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial and answer capability. • Operate the equipment properly and in a rdance with instructions. • Promptly address any issues that arise rei ated to mold, fungi, mildew or bacteria. • Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job, a signed statement regarding the a bsence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981. Should this c ocument state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos. 11. EXCLUSIONS— Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, sings, cabinets, fixtures, structural supports, grillage, wa er piping, steam piping, drain piping, cooling tower fill, boiler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not resp nsible for repairs, replacements, alterations, additions, adjustments, repairs by others, unscheduled calls or emergency calls, any of which may a necessitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, dame ge due to freezing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, any damage fated to the presence of mold, fungi, mildew, or bacteria, damage caused by power Equipment and/or Service CCS-TCES O4-06-11 reductions or failures or any other cause beyond Carrier's control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority. However, in the event any such recommendations occur, Carrier, at its option, may submit a proposal for Customer's consideration in addition to this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained. 12. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) — Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the neid for repairs or replacement, Carrier will provide Customer in writing an 'equipment -ondition' report including recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does not elect to have such services properly performed in a timely fashion, Carrier shall not be respons ble for any equipment or control failures, operability or any long-term damage that may result. Carrier at its option will either continue to maintain aquipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly. 13. PROPRIETARY RIGHTS (Service Contracts only)- During the term of this Agreement and in combination with certain services, Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used In connection with providing service on Customer equipment. 14. LIMITATION OF LIABILITY- Under no circumstances shall Carrier be liable for any incidental, special or consequential damages, including loss of revenue, loss of use of equipment or facilities, or economic damages based on strict liability or negligence. Carrier shall be liable for damage to property, other than equipment provided under is Agreement, and to persons, to the extent that Carrier's negligent acts or omissions directly contributed to such injury or property damage. Ca 'ees maximum liability for any reason (except for personal injuries) shall consist of the refunding of all moneys paid by Customer to Carrier under is Agreement. 16. CUSTOMER TERMINATION FOR CARRIER NON -PE FORMANCE — Customer shall have the right to terminate this Agreement for Carrier's non-performance provided Carrier fails to cure such non performance within 30 days after having been given prior written notice of the non- performance. Upon early termination or expiration of this reement, Carrier shall have free access to enter Customer locations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier -owned parts, tools and personal property. Additionally, Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including overheads and a reasonable profit. 17. CARRIER TERMINATION — Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment cludi ig the term of this Agreement by others without prior agreement between Customer and Carrier. 18. CLAIMS- Any suits arising from the performance or nc nperformance of this Agreement, whether based upon contract, negligence, and strict liability or otherwise, shall be brought within one (1) year fron the date the claim arose. 19. GOVERNMENT PROCUREMENTS- The component-, equipment and services provided by Carrier are "commercial items" as defined in Section 2.101 of the Federal Acquisition Regulations ("FA "), and the prices of such components, equipment and services are based on Carrier's :ommercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, or any similar procurement regulations). As such, Carrier will not a ree to provide or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS). In addition, no federal government procurement regulations, such as FARs or DFARs, shall ap ly to this Agreement except those regulations expressly accepted in writing by Carrier. 20. HAZARDOUS MATERIALS- Carrier is not responsib a for the identification, detection, abatement, encapsulating or removal of asbestos, products or materials containing asbestos, similar hazardou s substances, or mold, fungi, mildew, or bacteria. If Carrier encounters any asbestos or other hazardous material while performing this Agreement Carrier may suspend its work and remove its employees from the project, until such material and any hazards associated with it are abated. The time for Carrier's performance shall be extended accordingly, and Carrier shall be compensated for the delay.. 21. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement. 22. SUPERSEDURE, ASSIGNMENT and MODIFICATION This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Agreement only rvith Carrier's prior written consent. No modification to this greement shall be binding unless in writing and signed by both parties. 23. CUSTOMER CONSENT - Customer consents and agre as that Carrier may, from time to time, publicize Carrier related projects with Customer, including the value of such projects, in all forms and media r advertising, trade, and any other lawful purposes. 24. FOR WORK BEING PERFORMEND IN CALIFORNIA Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate Wmplaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged viola 'on. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacram nto, Califcmia 95826. 25. GOVERNING LAW, VENUE, INTERPRETATION Gov ming Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State f Florida applicable to contracts 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 Customer and Carrier agree that venue will lie in the appropriate court orb fore the appropriate administrative body in Monroe County, Florida. The Customer and Carrier 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 ad Tfinistrative or legal proceeding. 26. SEVERABILiTY If any term, covenant, condition or pro ision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a co rt of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each maining term, covenant, condition and provision of this Agreement shall be valid and Equipment and/or Service I 4 CCS-TCES O4-06-11 shall be enforceable to the fullest extent permitted by lavy 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 Customer and Carrier 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. 27. ATTORNEYS FEES and COSTS The Customer and Carrier 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-poc et expenses, as an award against the non -prevailing party, and shall include reasonable attorney's fees, courts costs, investigative, and out -of -pc et expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with I ie Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 28. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the Customer and Carrier and their respective legal representatives, successors, and assigns. 29. 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 Customer and corporate actic n, as required by law. 30. COOPERATION In the event any administrative on legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, Customer anc Carrier 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. Customer and Carrier specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 31. NONDISCRIMINATION Carrier agrees that there wIl be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that d scrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Carrier agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. I hese 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) Tide IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discremin lion 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 bas s 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 Corrprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616). as amended, relating to nondiscrimi iation 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- ), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill 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 pf 1990 (42 USC s. 201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provi ons in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 32. COVENANT OF NO INTEREST Customer and Ca r covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 1 33. CODE OF ETHICS Customer agrees that officers and employees of the Customer 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; unaiAhorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 34. NO SOLICITATION/PAYMENT The Customer and C irrier warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working soleI3 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 thn 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 Carrier agrees that the Customer shall have the right to ter ninate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commissl n, percentage, gift, or consideration. 35. PUBLIC ACCESS The Customer and Carrier shall alic w and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control sub ad to the provisions of Chapter 119, Florida Statutes, and made or received by the Customer and Carrier In conjunction with this Agreement; a id the Customer shall have the right to unilaterally cancel this Agreement upon violation of this provision by Carrier. 36. NON -WAIVER OF IMMUNITY Notwithstanding the p visions of Sec. 768.28, Florida Statutes, the participation of the Customer and the Carrier 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 contract entered into by the Customer be required to contain any provision for waiver. 37. PRIVILEGES AND IMMUNITIES All of the privileges a d immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other ben(is which apply to the activity of officers, agents, or employees of any public agents or employees of the Customer, when performing their respective functions under this Agreement within the territorial limits of the Customer shall apply to the same degree and extent to the performance of sucl i functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the Customer. 38. LEGAL OBLIGATIONS AND RESPONSIBIITIES: No -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating ent' from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any pa 'cipating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement Is not i tended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Customer, except to the extent pe itted by the Florida constitution, state statute, and case law. Equipment and/or Service CCS-TCES O4-06-11 39. NON -RELIANCE BY NON-PARTIES No person or e or attempt to enforce any third -party claim or entitlement the Carrier agree that neither the Customer nor the Carrier otherwise indicate that any particular individual or grour separate and apart, inferior to, or superior to the communit 40. NO PERSONAL LIABILTIY No covenant or agreem officer, agent or employee of Monroe County in his or her be liable personally on this Agreement or be subject to any 41. EXECUTIION IN COUNTERPARTS This Agreement i original, all of which taken together shall constitute one a signing any such counterpart 42. SECTION HEADINGS Section headings have been it that such section headings are not a part of this Agreement 43. MUTUAL REVIEW This agreement has been carefull) against either party on the basis of authorship. 44.INDEMNIFICATION/HOLD HARMLESS Notwithstanc Carrier shall defend, indemnify and hold the Customer a against (i) any claims, actions or causes of action, (ii) a relating to any type of injury (including death), loss, damage with respect to, or sustained by, any indemnified party b agents, Carriers or other invitees during the term of this A( agents, Carriers or other invitees, or (C) Carrier's default ft except to the extent the claims, actions, causes of action, the Customer or any of its employees, agents, Carriers or proceedings, costs or expenses relate to events or circum; the term of this Agreement or any earlier termination of this 45ANNUAL APPROPRIATION The County's perforr appropriation by the Board of County Commissioners. In th Agreement is terminated and the County has no further incurred by the termination date. Equipment and/or Service CCS-TCES O4-06-11 Ry shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce i or benefit of any service or program contemplated hereunder, and the Customer and )r any agent, officer, or employee of either shall have the authority to inform, counsel, or of individuals, entity or entities, have entitlements or benefits under this Agreement in general or for the purposes contemplated in this Agreement nt contained herein shall be deemed to be a covenant or agreement of any member, -idividual capacity, and no member, officer, agent or employee of Monroe County shall )ersonal liability or accountability by reason of the execution of this Agreement. iay be executed in any number of counterparts, each of which shall be regarded as an d the same instrument and any of the parties hereto may execute this Agreement by serted in this Agreement as a matter of convenience of reference only, and it is agreed and will not be used in the interpretation of any provision of this Agreement. reviewed by Carrier and the Customer, therefore this agreement is not to be construed ig any minimum insurance requirements prescribed elsewhere in this agreement, d the Customer's elected and appointed officers and employees harmless from and y litigation, administrative proceedings, appellate proceedings, or other proceedings fine, or penalty, and (01) any costs or expenses that may be asserted against, initiated reason of, or in connection with, (A) any activity of Carrier or any of its employees, REEMENT, (B) the negligence or willful misconduct of Carrier or any of its employees, respect of any of the obligations that it undertakes under the terms of this Agreement, Ligation, proceedings, costs or expenses arise from the negligent acts or omissions of ivitees (other than Carrier). Insofar as the claims, actions, causes of action, litigation, ances that occur during the term of this lease, this section will survive the expiration of ance and obligation to pay under this agreement is contingent upon an annual event that the County funds on which this Agreement is dependent are withdrawn, this bligation under the terms of this Agreement to the Contractor beyond that already EQUIPMENT/CONTROLS DEVICE Item: Water Pump Quantity: 2 Item: Reciprocating chiller - air c Quantity: 2 Model Number Serial Number 30RB-10052--33-L 0606Q80761 30RB-10052-33-L 0606Q80762 Description Aqua -Snap air-cooled scroll chiller Aqua -Snap air-cooled scroll chiller Item: Reciprocating chiller- air cooled Quantity: 2 Serial Number(s): 0606Q80762, 0606Q8 761 Frequency: Tasks Year 1 Year 2 Annual Maintenance' 1 " I Routine Operating Inspection 3 3 Repair Services AIR AIR Item: Water Pump Quantity: 2 Serial Number(s): Frequency: Tasks Year I Year 2 Routine Operating Inspection 4 4 Item: Reciprocating chi er - air cooled Quantity: 2 Serial Number(s): 0606Q80762, 0606Q80 61 1 3 AIR 4 Location Roof, Gato Building Roof - Gato Building Frequency: Task and Actions Year 1 Year 2 Year 3 Annual Maintenance I I I REPORT TO CUSTOMER UPON ARRIVAL x x x REVIEW AND EVALUATE LOG READINGS x x x LEAK TEST ENTIRE UNIT x x x CALIBRATE OPERATING CONTROLS x x x CALIBRATE MOTOR AMPS & VOLTS x x x CHECK STARTER WIRING AND CONTROLS x x x INSPECT CONTACTORS x x x CHECK GAUGES / INDICATOR LIGHTS x x x CALIBRATE CONTROLS AND VOLTAGE x x x CALIBRATE FLOW SWITCHES/DEVICES x x x CHECK FAN MOTORS & PROPS x x x All Actions under each Task marked `x' are included ept for any items market 'N' (No). 'N/A' (Not Applicable) or `W/A' (When Applicable). Items listed under any Task marked 'A/RAs Required) are to be performed, if required, as determined by Carrier's best judgment t based on actual operating conditions, analysis and apment monitoring. REPLACE OIL FILTER (if necessary) x x x LUBRICATE EQUIPMENT AS NEEDED x x x CLEAN UP WORK STATION x x x REPORT TO CUSTOMER ON DEPARTU , ADVISE x x x * CLEAN CONDENSER COILS x e e Frequency: Task and Actions Year 1 Year 2 Yeat Routine Operating Inspection 3 3 3 REPORT TO CUSTOMER UPON ARRIVAL x x x CHECK GENERAL MACHINE OPERATIO .x x x CHECK FAN MOTORS & PROPS x x x CHECK ELECTRICAL COMPONENTS x x x CHECK CONTROL, POWER AND PIPING x x x CHECK SAFETY/OPERATING CONTROLS x x x CHECK GAUGES / INDICATOR LIGHTS x x x LOG CHWBRINE IN TEMPERATURE x x x LOG CHWBRINE OUT TEMPERATURE x x x LOG CONDENSER AIR IN TEMPERATU x x x LOG CONDENSER AIR OUT TEMPERATU PZE x x LOG COOLER REFRIGERANT PRESSURE x x x x LOG COOLER REFRIGERANT TEMPERATURE x x x CHECK APPROACHES THROUGH CALCULATION x x LUBRICATE AS NEEDED x x x MAKE EQUIPMENT ADJUSTMENTS AS REQUIRED x x x x CLEAN UP WORK STATION x x x REPORT TO COST, ADVISE & OBTAIN SK NATURE x x * RINSE CONDENSER COILS x x x x Frequency: Task and Actions Year I Year) VPar Repair Services ' EMERGENCY CALLS * MINOR REPAIR (LABOR) * MINOR REPAIR (MATERIAL) * MAJOR REPAIR (LABOR) * MAJOR REPAIR (MATERIAL) • REFRIGERANT MAT'L UP TO 15% C Item: Water Pump Quantity: 2 Routine Operating Inspection CHECK FOR LEAKS CHECK FOR UNUSUAL VIBRATION CHECK SURFACE TEMPERATURE INSPECT PACKING LEAK INSPECT SEAL WATER/SOLUTION VALVE CHECK GENERAL OPERATING CONDITIO INSPECT ALL DRAIN PANS & DRAIN PIPIN CLEAN UP WORK STATION REPORT TO OUST, ADVISE & OBTAIN SIG ATURE A/R A/R A/R A/R A/R A/R AIR A/R A/R A/R A/R A/R A/R AIR A/R A/R A/R A/R A/R A/R, AIR Frequency: gar 1 Year 2 Yea All Actions under each Task marked 'x' are included c4ccpt for any items market `N' (No), `N/A' (Not Applicable) or ' W/A' (When Applicable). Items listed under any Task marked 'A/R' (As Required) are to be performed, if required, as delennined by Carrier's best judgment based on actual operating conditions, analysis and/ eq ipment monitoring PREVENTATIVE ROUTINE OPERATING INSPECTIO Each Routine Operating Inspection is to performed at the frequency listed. ANNUAL PREVENTIVE MAINTENANi Each Annual Preventive Maintenance is to are to be performed on a yearly interval det equipment manufacturer. These annual As)� that the equipment will operate effectively, r REPAIR SERVICE: MINOR REPAIRS Minor repairs shall consist of tasks which require minor disassembly and removal adjustments including replacement of routi Material is to be included as indicated on th L EMERGENCY CALLS (Unscheduled S Emergency Calls shall be provided when scheduled inspections. Unless otherwise ii hours per day. SCOPE OF SERVICE of the task -actions listed herein for each equipment type and to be :onsist of pre -scheduled recurring preventive maintenance actions which rmined by equipment operating hours that may be recommended by each are designed to prepare the equipment for prime operating condition so liably, and efficiently during the peak demand months. •e performed during routine inspection(s) on an as needed basis that may )f available inspection covers for minor repairs, measurements, and expendable parts, controls, switches and indicator lamps. Labor and/or AGREEMENT. ry to diagnose problems and perform minor adjustments between herein, Emergency Calls are to be available 365 days per year, 24 MAJOR REPAIRS Major repairs consist of the repair or replacement of moving parts, motor stators, motor rotors, and maintainable components that may have failed unexpectedly (except for those failures beyond CARRIER'S control as stated in General Provisions). Major Repairs include dip and bake motor windings where applicable. Labor and/or Material is to be included as indicated on the SERVICEAGREEMENT. REFRIGERANT MATERIAL The percent of refrigerant material indicated on the SERVICE AGREEMENT is to be the percent of chiller's design refrigerant charge provided per year. The refligerant provided is to be for the performance of any Major Operating Inspection(s), Routine Operating Inspection( , Annual Preventive Maintenance, Multi -year Preventive Maintenance or any Repair Service tasks so indicated on the ervice Summary Sheet(s) herein. Any refrigerant material stocked on the job site by CARRIER for equipment covered herein is to be in approved storage containers and in accordance with ASHRAE Standard Safety Code for Mechanical Refrigeration (ANSUASHRAE 15-1994). Unless othervise specified, CARRIER has the option of stocking refrigerant on CUSTOMER'S job site or having access to Ic cal stock for immediate delivery. SCOPE OF SERVICE GENERAL SERVICES: ENVIRONMENTAL, HEALTH AND S FETY CARRIER is committed to conducting its operations in compliance with all environmental regulations and to providing a safe and healthful workplace for all of its employees. Our environmental, health and safety goals include preventing incidents that harm th environment, accidental injury to our employees and visitors, and/or exposure to harmful chemical or physical agents. Our goals also include the elimination of accidents that cause property loss, environmental damage, or result in the interruption to our business. To achieve these goals, environmental and safety rules and procedures will be enforced equally with production, quality, cost and ethical standards. Our objective is to provide quality products and services while actively conserving our human and natural resources. CARRIER firmly believes that all accidents and undesirable environmental incidents are preventable. Furthermore, every job can and will, be done safely and in an environmentally -sound manner. Realization of these goals and objectives w' 1 demand maximum effort from every employee. CARRIER's EH&S GOALS: A. Create and maintain "SafetyAwareness". Safety is everyone's responsibility, therefore make safety an integral part of every service job. B. Strive to maintain a hazard - a work environment by requiring everyone to provide special attention to the equipment, processes and procedures utilized in the performance of our work. C. Provide for the safeguarding of our employees while improving the effectiveness of our quality assurance and customer satisfaction programs. D. Ensure compliance with appl cable standards, regulations and codes established by local, state and federal agencies (re:OSHA). E. Utilize safety and health training, positive reinforcement -techniques, identification, evaluation and correction of hazards and unsa a work procedures and performance to achieve regulatory compliance. F. Significant reduction in lost -time injuries, reportable accidents with the long range goal of no lost -time injuries and no recordable acci lents. G. Active participation by all CA ER employees in applicable aspects of the safety program. H. Provide CARRIER service oF erations with effective training based on both OSHA and CARRIER Safety Standards in the recog lion, evaluation and control of hazards and dangerous work procedures and performances. 1. Establish safety kits to provide proper personal protective equipment for the assigned tasks. J. Establishment of procedures for natural disasters, fire and emergency situations, including safe locations, exit routes, methods for accounting for employees in natural disasters. K. Achieve and ensure the imple entation of the safety program with the performance of safety, health and record -keeping audits by representatives of CARRIER's Safety Committee, and if necessary, enforcement through an accepted, written, adequately communicated disciplinary program. , L. Baseline' plot of equipment and current standard conditions. COIL CLEANING The coils indicated on the SERVICE AGREf MENT herein are to be cleaned at the interval(s) indicated. Coil cleaning consists of cleaning the coil air side surfact to remove any airborne particles and dirt build-up using either brush cleaning, high pressure air, chemicals with low pressure wash or high pressure chemical spray at CARRIER'S discretion based on coil accessibility or if spec ified under separate cover. NON -COLLUSION AFFIDAVIT I, 6kVIS uj I (IVL( of the city of -i , �L according to law on my oath, and un r penalty of perjury, depose and say that: Iam CyjVtS Wlttt � y[Eu�- �fV('i« �,_j,2,eV ofthefirm of Carrier Corporation the bidder making the Proposal for the project described in the Notice for Calling for bids for: SzeUicc Ccm%-Vt16- Co'- fko— and that I executed the said proposal with full authority t do so: i ffr, 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement ,`or the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; ?. unless otherwise required by late, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly. to any other bidder or to any competitor: and no attempt has been made or will be made b the bidder to induce any other person. partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe Comity relies upon the truth of the statements contained in this affidavit in awarding contracts for said prof ec t. gnat e dder) STATE OF: COUNTY OF: ZV0vJ0L41CJ (Date) PERSONALLY APPEARED BEFORE ME. tite undersigned authoritv. F-t 5 who, after first being sworn by me. (name of individual sinning) affixed his/t< signature in the space provided above on this iGtl�- day of -7 CV 20 l \ NOTARY PUBLIC My Commission Expires: r_m,. UFFY MY COMMISSION # DD880175 EXPIRES Aprit 14, 2013 (407) 398-0'153 FlorldalloterySenice•w+n DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Carrier Corporation (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture. distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations_ 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid; the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. BY OMB - MCP#5 Bidder's Signature September 2,2011 Date LOBBYING AND CONFLICT OF INTEREST FORM SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE Carrier Corporation warrants that -he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10- 1990, For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. BYL�— (signature) Date: September 2,2011 STATE OF NEW YORK COUNTY OF ONONDAGA PERSONALLY APPEARED BEFORE ME, the undersigned authority, Thomas W. van Arnam who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 2nd day of September ,20 11 NOTARY PUBLICl My commission expires: NANCY J. PULTORAK Notary Public, State of New York No.01PU5003297 OMB - MCP FORM =4 Qualified in Onondaga County Commission Expires Oct. 19, 7 ACOR �CERTIFICATE OF LIABILITY INSURANCE 14.� DATE212011 Y) 09/02/201 i AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS THIS CERTIFICATE IS ISSUED OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES CERTIFICATE DOES NOT AFFIRMATIVELY A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER MARSH USA INC. _ ._ _NAME: ___ PHONE FAX _(AIC No Ezt: 20 CHURCH STREET E-MAIL ADDRESS: HARTFORD, CT 06103 INSURERS) AFFORDING COVERAGE NAIC # INSURER A :Hartford Fire Insurance Company _ 19682 INSURED INSURER B :The Insurance Company of the State of Pennsylvania 19429 UR23817 INSER c :Illinois National Insurance Co. CARRIER CORPORATION ONE CARRIER PLACE INSURER D :Chartis Casualty Company 40258 FARMINGTON, CT 06034-4015 INSURER E :New Hampshire Insurance Company 23841 INSURER F :National Union Fire Insurance Company of Pittsbur h, PA 19445 GUVtKAUtJ l GR r l ­­_ LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ! �ADDL SUBR; POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE +INSR 1 WVD ! POLICY NUMBER MMIDDIYYYY I MMIDD/YYYY A I GENERAL LIABILITY 102CSET10004 04l0112011 04/01/2012 EACH OCCURRENCE .I $ DAM �f�EN�fiED i 1,000,000 300,000 X COMMERCIAL GENERAL LIABILITY 1$2,000,000 general 'agggreggate per location/project PREMISES (Ea occurrence) S 5 10,000 CLAIMS -MADE � OCCUR �$10,000.000 policy ,, MED EXP(Any one person) t,general aggregate !! PERSONAL 8 ADV INJURY $ 1,000,000 --------- --- �!I GENERAL AGGREGATE 15 _ 2,000,000 PRODUCTS - COMPIOP AGG j $ 2,000,000 ''i, GEN'L AGGREGATE LIMIT APPLIES PER: F—IPOLICYF-] E LOC I 02CSET10000 A/O) 104/01/2011 I 04/U112012 f IT I, COMBINED SINGLE LIMIT 5 1,000,000 p AUTOMOBILE LIABILITY 02CSET10019 (HI) ; Ea accident (Hartford Underwriters Ins BODILY INJURY (Per person) $ BODILY ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) I S AUTOS AUTOS I - NON -OWNED I �I 'PROPERTY DAMAGE Per accident) $ _ HIRED AUTOS AUTOS ' UMBRELLA LIAB OCCUR I! EACH OCCURRENCE 5 _ AGGREGATE 5 EXCESS LIAB CLAIMS -MADE_-: I $ B DED RETENTIONS WORKERS COMPENSATION _ 061967:CA-369 04/01/2011 1 04/01/2012 WC STATU- OTH-i X TORY LIMITS ER C AND EMPLOYERS' LIABILITY Y ! N IFL-370 TX-371 MULTI-368', E.L. EACH ACCIDENT $ 1.000,000 D E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E� N I A i iMA367;MN375;NJ374;MULTI372,373 4 E.L. DISEASE - EA EMPLOYEE( $ 1,000,000 F (Mandatory in NH) ICT WC (SIR 2.5MM) EX COV 1-1192382 1.000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ $ f '$ is DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Monroe County Board of County Commissioners is an additional insured for general and automobile liability, but only with respect to liability arising out of Carrier Corporation's ongoing work for the additional insured as required by written contract. Llt=KI Ir II.KiC nVL..0 CR MONROE COUNTY GATO BUILDING BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON STREET ROOM 203 KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE � � nn rnn0nDA'rIn i All rinhfc rPCPrVPfl ray. , — , .-v ,......-.... ... _ ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Insurance Requirement Worker's Compensation Employer's Liability General Liability, including • Premises Operation • Blanket Contractual • Products and Complete Operations • Expanded Definition of Property Damage • Personal Injury Liability Vehicle Liability Required Limits Statutory Limits $100,000 Bodily Injury by Accident $500,000 Disease, policy limits $100,000 Disease, each employee $300,000 Combined Single Limit or $100,000/person $300,000/occurrence $50,000 Property Damage $100,000 Combined Single Limit or $100,000/Occurrence; $50,000/Person; $25,000/Property Damage MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION