Item C42
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Julv 26. 27. 2000
Division:
Public Works
Bulk Item: Yes ~ No
Department:
Public Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew contract with Sub-Zero, Inc. for preventative
maintenance service agrccment for the kitchcn rcfrigcration cquipmcnt locatcd at thc Monroe County
Detention Center, and authorization for Mayor to execute same.
ITEM BACKGROUND: Thc currcnt contract with Sub-Zcro, Inc. will expirc on October 31, 2000.
Article 3.11 of the current contract stipulates an option to renew.
PREVIOUS RELEVANT BOCC ACTION: On Novcmber 17, 1999, BOCC grantcd approval of a
contract agreement with Sub-Zero, Inc. for the prevcntative maintenance scrvice for the kitchcn
refrigeration equipment located at the Monroe County Detention Center.
STAFF RECOMMENDATION: Same as noted above.
TOTAL ~OST: $1.602.12
BUDGETED: Yes X NO
Account # 101-20505-530-340
Cost to County:
$1.602.12
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
Item Prepared by:
~/aJ
Carlos Zarate, S~~ctor, F~Cil~ties Maint~nance
DMSION DIRECTOR APPROVAL: Cf-1~~/ (/0 ~
Dent Pierce, Division Director
OMBlPurchasing _
Risk Management
APPROVED BY:
7 ) J ) )e} 0
DOCUMENTATION: Included _L To follow
Not Required
DISPOSITION:
AGENDA ITEM # l..:LY.a
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:
CONTRACT SUMMARY
Contract #
Sub-Zero. Inc.
Effective Date:
Expiration Date:
11/01/00
10 13 1 101
Contract Purpose/Description:
Preventative maintenance service contract for the kitchen refrigeration equipment located at the
Monroe county Detention Center.
5/t)P-dl-1
Contract Manager
Ann Mytnik
(Name)
4431
(Ex1. )
Facilities Maintenance
(Department)
for BOCC meeting on
07/26/27/00
Agenda Deadline:
07/12/00
CONTRACT COSTS
Total Dollar Value of Contract: $ 1.602.12 Current Year Portion: $ 0.00
Budgeted? Yes.lL. No _ Account Codes: 101 - 20505 - 530 - 340 -
Grant: $ NI A
County Match: $ NI A
Estimated Ongoing Costs: $ NI A
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
County Attorney
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Yes No/' I\ ()
~J!JDc () (V') ~. 'rl.UVU-/~
r
!lJS IQ!L () (,/~ ~e
1J~/(jZ) ( ) (~~j-c{/ & -l
.J.-,0~( ) (~
Date Out
Division Director
7/...!..!! tf1)
:L/.sloo
2-/0~
I
~?c::l!)
~anagement
O~.B./pu;lsing
Comments:
o~m Fonn R~\'is~d 8/30/95 Me!' ~2
RENEWAL AGREEMENT
(Preventive Maintenance Service ContraCt, Kitchen Refrigeration Equipment)
THIS Renewal is made and entered into this 26th day of July 2000, between COUNTY
OF MONROE and SUB ZERO, INC., in order to renew the agreement between the parties dated
October 13, 1999, (which is incorporated hereto by reference,) as follows:
1. In accordance with Article 3.11 of the October 13, 1999 original Agreement, the County
exercises its option to renew the Agreement for an additional year. The parties further
agree to amend the second sentence of Article 3.11 to read as follows:
"3 .11 RENEWAL - The contract agreement amount agreed to herein might be adjusted
annually in accordance with the percentage change in the Consumer Price Index for all
urban consumers (CPI-U) for the most recent 12 months available."
2. Pursuant to Article 3.15 (1) as amended, the contract amount is as follows:
A. Preventive Maintenance Services per year $1.611.48, to be paid $402.87 per
quarter.
B. Repairs (routine, prior approval required) - hourly rate for work not within the
scope of preventive maintenance - normal working hours of 8AM to 5PM
Monday through Friday, excluding holidays - Mechanic $51.65 per hour,
Mechanic with helper $67.15 per hour.
e. Emergency service call - Overtime hourly rate for work not within the scope of
preventive maintenance other than normal working hours as stated above,
including holidays $77.48 per hour.
D. Handling fee for supplies and replacement parts required for maintenance, repairs,
and emergency service. Manufacturer's invoice plus 36% (thirty-six percent).
3. The term of the renewed agreement will commence on November 1, 2000, and terminate
on or before October 31, 2001.
4. In all other respects, the October 13, 1999 original agreement between the parties remains
in full force and effect.
IN WITNESS WHEREOF, the parties have hereuntq set their hands and seal, the day and year
first written above.
Attest: Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
By:
BY:
Deputy Clerk
Witness:
SUB ZERO, INe.
Witness:
BY:
,~..
RQ T W
D~~E~~~
-----.-
1;" '
\';--
c
SECTION THREE
CONTRACT
This agreement is set forth as of ln the year OCTOBER 13, 1999,
hetween THE OWNER, WHO IS THE BOARD OF COUNTY COMMISSIONERS OF
f\10NROE COUNTY FLORIDA AND TIJE FOLLOWING CONTRACTOR:
NAME:
SUB ZERO, INC.
ADDRESS:
6003 Peninsular Street
Key West, Florida 33040
PHONE:
305-294-9243
for the purpose of performing all of the work required by the
Contract Documents for the following Project:
PREVENTIVE MAINTENANCE SERVICE CONTRACT
KITCHEN REFRIGERATION EQUIPMENT
FOR THE MONROE COUNTY DETENTION CENTER
5501 COLLEGE ROAD
KEY WEST, PL. 33040
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, who are hereafter
referred to as the OWNER and who assumes all duties and responsi-
bilities and has the rights and authority assigned to the OWNER in
the Bid Documents in connection with completion of the Work in
accordance~with the Contract Documents.
WITNESSED: That the parties hereto, for the consideration
hereinafter set forth, mutually agree as follows:
3.1 SCOPE OF WORK
The CONTRACTOR sha]] furnj~,h ell] labor, materials, equipment,
machinery, tools, apparatus, rllld transportation and perform all of
the work described in the Specj f ,ication entitled:
.1
Preventive Maintenance Service Contract
Kjtchen Refrigeration Equipment
Por the Monroe Count' y Detent j on Cent er
550] College Road
Key West, Florida
1, I
c
(<
"
and his bid dated August 20, 1999 attached hereto and incorporated
as part of this contract document, and shall do everything
required by this Contract and other Contract Documents.
3.2 ASSURANCE AGAINST DISCRIMINATION
The CONTRACTOR shall not discriminate against any person on the
basis of race, creed, color, national origin, sex, age, or any
other characteristic or aspect \..hich is not job related, in its
recruiting, hiring, promoting, terminating, or any other area
affecting employment under this agreement or with the provision of
services or goods under this agreement.
3.3 ASSIGNMENT
a) The CONTRACTOR shall not assign this agreement, except 1n
writing .and with the prior written approval of the OWNER and
CONTRACTOR, which approval shall be subject to such conditions
and provisions as the OWNER and CONTRACTOR deem necessary.
This agreement shall be incorporated by reference into any
assignment and any assignee shall comply wi th 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 obligation upon the OWNER in addition to the
total agreed-upon price of the services/goods of the CONTRAC-
TOR.
]
b) CONTRACTOR shall not employ any Subcontractor, Suppl ier or
other :person or organi za t ion (incl uding those acceptable to
OWNER) whether initially or as a substitute, against whom
OWNER may have reasonable objection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier or other person
or organization to furnish to perform any of the Work against
whom CONTRACTOR has reasonable objection.
3.4 COMPLIANCE WITH LAW
Tn providing all scrvices/good~3 pursuant to thi~'3 agreement, the
CONTRACTOR shall abide by all statutes, ordinances, rules and
resulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations
shall constitute a materia] breach of this agreement and shall
enl-itle the O\-JNrm to tenninate this cnnl.racl immediately UpOll
delivery at written notice of termination to the CONTRACTOR.
3,2
c.
r"
", .
3.5 LABOR, MATERIALS AND EQUIPMENT:
a) CONTRACTOR shall provide competent, suitably qualified
personne} to perform t he Work as requi red by the Contract
Documents. CONTRACTOR shall at all times maintain good disci-
pline and order at the facility. Except in connection with
the safety or protectior~ of persons or the Work or property at
the facil i ty or adj acent thereto, and except as otherwi se
indicated in the Contract Documents.
b) All materials and equipment shall be of good quality and new,
except as otherwise provi ded in the Contract Documents. If
requi red by the OWNER, CONTRACTOR shall furni sh satisfactory
C'vioencC' (.including repor1's of required test~,) as to the kind
and quality of materials and equipment. Original invoices
will be submitted to the OWNER for reimbursement. All
materials ~nd equipment shall be applied, installed, connect-
ed, erected, used, cleaned and conditioned in accordance with
the instructions of the applicable Supplier except as other-
wise provided in the Contract Documents.
c) The OvmER is tax exempt and reserves the right to purchase
directly various materials and equipment that may be a part of
the CONTRACT. If the OWNER elects to make a particular
purchase, the Director of Facilities Maintenance, Public Works
Divi sion, will act as a purchasing agent for the OWNER. The
ovmJ.m wi II, via a Purchase Contract, purchase the materials
and equipment, and the Contractor shall assist the Director
of Facilities Maintenance, Public Works Division in the
preparation of these Purchase Contracts.,
d)
Independent Contractor Status and Compliance
Immigration Reform and Control Act of 1986.
with
the
At all times and for all purposes under this agreement the
CONTRACTOR is an independent contractor and not an employee of
the OWNER. No statement contained in this agreement shall be
construed so as to find the CONTRACTOR or any of hiS/her
employees, contractors, servants, or agents to be employees of
the OvmER. The CONTRACTOR acknowledges that it is responsible
for rompl ying wi th the prov isi ons of the lmmigrat ion Reform
and Control Act of 19BG, located ilt 8 V.S.C. Section 1324, et
seq., and regulations n~lal'ing thereto. Failure to comply
with the above provisions of this contract shall be considered
a material breach and shall be grounds for immediate
termination of the contract.
.'
e)
The OltJNER designate~:; the Director of Facilities MaintenancC:',
Puhl .i c Works Dj vj s j on, I () funcl j on as Cont ract' Manager, who
shall be responsjble 101 enforcing performance of the Contract
:1 :1
C. ': '
(."
'- ",
terms and conditions, serve as liason with the contractor, and
approve all invoices prior to payment.
3.6 SAFETY AND PROTECTION
a) CONTRACTOI< shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in
connection with the Work. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the necessary
protection to prevent damage, in:iury or loss to:
7.1 all employees
organizations who may
7.2 all thE: Work
incorporated therein,
and
7.3 other property at the site or adjacent thereto, including
trees, shr0bs, lawns, walks, pavements, roadways, structures,
utilities and underground facilities not designated for
removal, relocation or replacement in the course of
construction.
on the Work and
be affected thereby;
and materi a] s and equipment to be
whether in storage on or off the site;
other
persons
and
b) CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary
safeguards for such safety and protection.
c) The CONTRACTOR shall notify owners of adjacent property and
of underground facilities and utility owners when prosecution
of the Work may affect them, and shall cooperate with them in
the pr~tection, removal, relocation and replacement of their
property. All damage, injury or loss to any property,
directly or indirectly, in whole or in part, by CONTRACTOR,
any subcontractor, supplier or any other person or
organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, shall be remedied by CONTRAC
TOR (except damage or loss attributable to the acts or
omissions of OWNER or anyone employed by OWNER whose acts may
be liable, and not attributable, directly or indirectly,
in vJho] e or in pa rt, to the fault- Or negl igence of CON
TT~ACTOR) .
3.7 EMERGENCIES
.
,.
In cll1erqc"ncier; aff0ctill<j the safety or prol-ectjon of person:; ())
the Work or pro!H'rLy at' the site or dd:iacent thereto, C()NTR^("J'OJ~,
without: r;p(~CidJ instructjon or authorj zation from OWNER, is obI i-
3-4
(
c
gated to act to prevent threatened damage, lnJury or loss. CON-
TRACTOR shall give OWNER prompt written notice if CONTRACTOR
be] i.eves that any significant changes in the Work or variations
from the Contract Documents have been caused thereby.
3.8 SUSPENSION OF WORK AND TERMINATION
a) OWNER may terminate UpOll t he Occurrence of anyone or
more of the following events:
9.1. if CONTRACTOR commences a voluntary case under any
chapter of the Bankruptcy Code (Title 11, United States
Code), as now or hereafter in effect, or if CONTRACTOR
takes any equivalent or similar action by filing a peti-
tion or otherwise under any other federaJ or state law in
effect at such time relating to the bankruptcy or
insolvency;
9.2. if a petition lS filed against CONTRACTOR under any
chapter of the Bankruptcy Code as now or hereaft~r in
effect at the time of filing, or if a petition is filed
seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in effect
at the time relating to bankruptcy or insolvency;
9.3. if CONTRACTOR makes a general assignment for the benefit
of creditors;
9.4. if a trustee, receiver, custodian, or agent of CONTRACTOR
is appointed under applicable law or under contract,
whose appointment or authority to t~ke charge of property
of CONTRACTOR is for the purpose' of enforcing alien
against such property or for the purpose of general
administration of such property for the benefit of
CONTRACTOR's creditors;
9.5. if CONTRACTOR admits in writing an inability to pay its
debts generally as they become due;
9.G. if CONTRACTOR persistently fails to perform the Work in
accordance wi th the Contract Documents (including, but
not limited to, failure to supply sufficient skilled
vJorkers or sui table materials4 or equipment:) ;
.'
9.7. if CONTRACTOR disregards Laws or Regulations of any
public body having jurisdiction;
9,8. if CONTRACTOR disregards the authority of OWNER; or
9.9. if CONTRACTOR othprwisE' violates in any ~:-;uh~3talllial way
any provisions of the Contract Documents.
3-:)
(",
,t. .
J'
(.';l
.',\
b) OWNER may, after giving CONTRACTOR (and the surety, if there
be one) seven days' written notice and to the extent permitted
.by Laws and Regulation, terminate the services of CONTRACTOR,
exclude CONTRACTOR from the site and take possession of the
Work and of all CONTRACTOR's tools, appliance, and machinery
at the site and use the same to the full extent they could be
used by CONTRACTOR (without liability to the CONTRACTOR for
trespass or conversion), incorporate in the Work all materials
and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere, and finish the Work
as OWNER may deem expedient. In such case CONTRACTOR shall
not be entitled to receive any further payment until the Work
is finished. If the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of
completing the Work (incJuding but not limited to fees and
charges fo engineers, architects, attorneys and other
professionaJ s and court costs) such excess will be paid to
CONTRACTOR. If such costs exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER.
c) Where CONTRACTOR's services have been so terminated by OWNER,
the termination will not affect any' rights or remedies of
OWNER against CONTRACTOR the existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by
OWNER will not release CONTRACTOR from liability.
d) Upon seven days' written notice to CONTRACTOR, OWNER may,
without cause and without prejudice to any other right or
remedy, elect to abandon the Work and terminate the Agreement.
In such case, CONTRACTOR shall be paid for all Work executed
and any expense sustained pI us reasonable terminat ion
expenses, which will include, but not ,.be limited to direct,
indirect, and consequential costs (inclbding, but not limited
to, fees and charges of engineers, architects, attorneys, and
other professionals and court and arbitration costs) .
e) Contractor may stop work or terminate:
If, through no act or fault of CONTRACTOR, the Work is sus-
pended for a period of more than ninety days by OWNER or under
an order of court or other public authority, or OWNER fails to
act on any Application for Payment withi n a reasonable time
after it is submitted, or O\^JNrm faiJs to pay CONTRACTOJ;; any
f.,um finalJy determined to be dUel within a reasonable time,
then CONTJ~ACTOR may, upon ni nety days I wri t ten notice to
O\tJNlm, terminate the Agreement and recover from OWNER payment
for aJJ . Work executed and any expense sustained plus
.' reasonable termination expenses. In addition and in lieu of
terminal: j ng the Agreement, if OWNER has fai led to act on an
AppJication for Payment or has failed to make any paym(>nt as
afOreGd'id, CONTRACTOJ~ may upon ninety days' writt(-~n notice to
O\tJNlm st op the Work Un! j J payment of all amount s t hen due.
3 (1
('.:
~ ! :. .
(..,
3..9 DISPUTE RESOLUTION
All claims, disputes and other matters ln question between OWNER
and CONTRACTOR arising out of, or relating to the Contract Docu-
ments or the breach thereof (except for claims which have been
waived by the making or acceptance of final payment) will be
decided by a Court of Law in the County of Monroe in the State of
Florida. All procedures shall be subj ect to all the standard
practices of ci viI proceedings of the State of Florida. The
CONTRACTOR shall carryon the Work in accordance with the contract
documents and without delay during disputes and disagreements with
the OWNER.
3.10
TERM OF CONTRACT
This CONTRACT shall be for a twelve (12) month period beginning on
November 1, 1999 and end on October 31, 2000. This CONTRACT term
shall be renewable in accordance with RENEWAL terms as specified
in paragraph 3.11.
3.11
RENEWAL
The Owner shall have the option to renew thjs agreement after the
first and each succeeding year, for two (1) additional one year
periods. ,The contract amount agreed to herein may be adjusted
annually in accordance with the percentage change in the most
recent Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W)i most recent unadjusted twelve (12) months ending
average for all items. Increases in the contract amount during
each option year period shall be extended into the succeeding
years.
3.12
FUNDING AVAILABILITY
.'
Notwithstanding anything contained elsewhere in this contract,
funds for Facilities Maintenance Detention Facilities Contractual
Services are partially r0duced or cannot be obtained or cannot he
continued at a level ~~uffjcient Lo allow for the purchase of the
3 -7
(.:.' '
'.
(':
services/goods specified herein, this agreement may then be
terminated immediately at the option of the OWNER by written
not~ce of termination delivered in person or by mail to the
CONTRACTOR. The OWNER shall not be obligated to pay for any
services provided or any equipment purchased by the CONTRACTOR
after the CONTRACTOR has received written notice of termination.
3.13
PROFESSIONAL RESPONSIBILITY
The CONTRACTOR warrants that it is authorized by law to engage in
the performance of the activities encompassed by the project
herein described. The CONTRACTOR shall at all times exercise
independent I professional judgment and shall assume professional
responsibility for the services to be provided. Continued funding
by the OWNE]~ is cont:i ngent upon retention of: appropriate local,
state, and/or federal certification and/or licensure of
CONTRACTOR.
3.14
NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in
wri ting and hand del i vered or mailed, postage prepaid, to the
other party by certified mail, returned receipt requested, to the
following:
FOR OWNER:
FOR CONTRACTOR:
Monroe County Public Works
Facilities Maintenance Dept.
3583 S. Roosevelt Blvd.
Key West, Florida 33040
SUB ZERO, INC.
;6003 Peninsular AVe.
Key West, FL. 33040
Attn: Director of Facilities Maint.
3.15
PAYMENT
1) The OltJNrm shall pay to the CONTRACTOR for the p(~rformance of
said serVIce on a per quarterly arrears basis on or before the
30th day of the following month in each three (3) month peri-
ods. The CONTRACTOR shall invoice the OWNER quarterly for the
maintenanc~ and testing performed under the Contract Documents
.' contained herein. The Contract amount shall be as stated by
the CONTRACTORS proposal as follows:
il. PH'VPIlI i ve Mal 111 ('l1dI1C<-, .';c'rvices per year $J r)_0(~:,.9(),! t~o he.
pdid ~;}_90.0..Q per quarter
3 li
C:
(; ,
;. ,. ~~~
b. Repairs (routine, prior approval required)-Hourly rate for
work not within the scope of preventive maintenance-normal
working hours of BAM to 5PM Monday through Friday,
excluding hOlidays--Mechanic $50.00 per hour, Mechanic with
helper $65.00 per hour.
c. Emergency service ca]] -OVertime hourly rate for work not
within the scope of pre~ntive maintenance other than
norma 1 worki ng hou rt, as s tat ed above, i nc 1 ud i ng hol i days
$75.00 per hour.
d.
Handl ing fee for suppl ies and
for maintenance, repairs,
Manufacturer's invoice plus 36%
repJ acement parts required
and emergency service.
(thirty-six percent) .
2) Service Call Travel Expenses - The OWNER shall compensate the
CONTRACTOR for travel and per diem expenses at the rates
established by Florida Law (Florida Statue 112.061- -SEE ATTACHED
"Exhibit DU). The CONTRACTOR must receive approval from the OWNER
for more than' one (1) representative of the CONTRACTOR to be
compensated for travel expenses. Approval from the OWNER must be
received by the CONTRACTOR prior to the travel taking place.
3.16 GENERAL
a) The duties and obligations i~osed by these General Conditions
and the rights and remedies available hereunder to the parties
hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CONTRACTOR
and all of the rights and remedies available to OWNER
thereunder, are in addition to, and are not to be construed in
any way as a limitation of, any rights and remedies available
to ei ther or both of them which are otherwise imposed or
available by Laws or RegUlations, by special warranty or
guarantee or by other prOVisions of the Contract Documents,
and the prOVisions of this paragraph will be as effective as
if repeated speCifically in the Contract Documents in connec-
tion with each particular duty, obligation, right and remedy
to which they apply. All repreSentations, warranties and
quarantees made in the Contract Documents will survive final
payment and termination or completion of the Agreement.
b)
~
No provision of this agreement or the duty
perform any act required by this Agreement
waived by the waiver of any particular act
breach.
or obligat,ion 1:0
shall be deemed
or occurrence of
"
c) This writing Constitutes the entire expression of the parties
agreement and may not be Contradicted, modified, explained m
supplemented by any prior written agreement or ora] agreement
or any other prior written or oral communication.
3-9
(",
(,'
C".'
,1,1 ,
. .. ~ ",
In witness whereof, the parties hereto have executed this agree-
ment the day and year first above written,
COUNTY OF MONROE, STATE OF
FLORIDA
~~
By ____' ~.~
Mayor/Chairman
Attest: DANNy L. KOLHAGE, Clerk
"
SUB ZERO, INC.
~
..,....;_'l:.'...:"."".......;;4.;-....)<...:,,:'..U"l;.r:':";41~~
BY~ ~~t~~~fu_
ont ,ct r e .
Attest:
~
Corporate seal if corporation:
.'
I
I
i
3 - 10