Item C44
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Julv 26. 27. 2000
Division:
Public Works
Bulk Item: Yes --X- No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew the contract agreement with Mowrey Elevator Service
Co., Inc. for elevator inspection and maintenance contract, adding elevator #56110 (wheelchair lift
located at the Plantation Key Detention Center), and authorization for Mayor to execute same.
ITEM BACKGROUND: The contract agreement with Mowrey Elevator Service co., Inc. will expire on
November 21, 2000. Article 3.05B stipulates an option to renew. The wheelchair lift at the Plantation
Key Detention Center's new addition, has completed its warranty period, and will now be added to our
inspection and maintenance contract. Twenty (20) elevators fall under this contract.
PREVIOUS RELEVANT BOCC ACTION: On 11/12/98, BOCC awarded bid and authorized
execution of a contract with Mowrey Elevator Service Co., Inc. for inspection and maintenance of twenty
(20) elevators. On August 11, 1999 BOCC approved to renew the contract deleting elevator #8880
(Monroe County Courthouse demolition. Elevator no longer in service.
STAFF RECOMMENDATION: Approval as stated above.
Cost to County: $18.175.32
BUDGETED: Yes X
Account # 00 I -2050 I -530-340
001-20505-530-340
403-63501-530-340
NO l AMOUNT PER MONTH
NO
TOTAL COST: $18.175.32
REVENUE PRODUCING: YES
YEAR
-/0,
ate, Sr. Director, Public Facilities Maintenance
DMSION DIRECTOR APPROVAL: d? ~ r/....-t...<.-----'"'--
Dent Pierce, Division Director
OMBlPurchasing _ Risk Management
APPROVED BY:
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DOCUMENTATION: Included --X- To follow
Not required~
AGENDA ITEM # ~
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Mowrey Elevator Service Co.. Inc.
Effective Date:
Expiration Date:
II /22 100
11 /21 101
Contract Purpose/Description:
Elevator inspection and maintenance contract for twenty (20) elevators.
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Contract Manager
Ann Mytnik
(Name)
4431
(Ext. )
Facilities Maintenance
(Department)
for BOCC meeting on
07/26.27/00
Agenda Deadline:
07/12/00
CONTRACT COSTS
Total Dollar Value of Contract: $ 18.175.32 Current Year Portion: $ 0.00
Budgeted? Yes ~ No _ Account Codes: 001 - 20501 - 530 - 340 -
Grant: $ N/A 001 - 20505 - 530 - 340 -
County Match: $ NIA 403 - 63501 - 530 - 340 -
. ADDITIONAL COSTS
Estimated Ongoing Costs: $ NIA For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Division Director
Reviewer
Date Out
L; /l1..LkJ
Ri~nag~nt
O.M.B.lPu~g
County Attorney :LJ -.L! ut:J ( )
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Comments:
OMB Form Revised 8/30/95 MCP #2
CONTRACT RENEWAL
(Complete Elevator Service and Maintenance)
THIS RENEWAL AGREEMENT is made and entered into this 26th day of July, 2000,
between the COUNTY OF MONROE and MOWREY ELEVATOR SERVICp CO., INC. in
order to renew and amend the agreement between the parties dated November 12, 1998, and
amended and renewed August 11, 1999 (copies of which are incorporated hereto by reference);
as follows:
1. The original agreement is amended to add elevator #56110 located at the Plantation Key
Detention Center new addition in the amount of $61.50 per month.
2. In accordance with Article 3.05B of the original agreement, the County exercises its
option to renew the Agreement for an additional year.
"3.03A. The Contract amount shall be as follows: Eighteen Thousand One Hundred
Seventy Five Dollars and Thirty Two Cents ($18,175.32) per year to be paid One
Thousand Five Hundred Fourteen Dollars and Sixty One Cents ($1,514.61) per month."
3. The term of this Agreement shall commence on November 22, 2000, and terminat on
November 21,2001.
4. In all other respects, the original agreement between the parties dated November 12,
1998, as renewed on August 11, 1999, remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
year first written above.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attest: Danny L. Kolhage, Clerk
By:
By:
Deputy Clerk
Witness:
MOWREY ELEVATOR SERVICE CO., INC
Witness:
By:
~ CONTRACT AMENDMENT ~
(Complete Elevator Service and Maintenance)
THIS AMENDMENT TO AGREEMENT is made and ent.ered into this 11th day of
August, 1999, between the COUNTY OF MONROE and MOWREY ELEVATOR SERVCIE CO.,
INC. in order to amend the agreement between the parties dated November 12,
1998, (a copy of which is incorporatpd hereto by reference); as follows:
WHEREAS, the parties hereto did enter into an agreement on November 12, 1998;
WHEREAS, the Monroe County Courthouse I.S undergoing demolition, and elevator
serial U88RO is no longer in service;
WI!I':IU':A~~, the ol.iginal agreement between the parti,es d,lted November 12, 1998
WJ II (";':PI H' on November 21, 1999;
IN CONSIDERATION of the mllt'\J<ll promises contained herein, the parties do agree
as follows:
I) The original agreement is amended to delete elevator HOBOO, Monroe
C:ollnt'y Courthollse, SOO vJhitehead St'ref't, Key West, Florida.
2) in accordance wi th ArLie.l e 3. aSB of the origj nal agreement, the
County exercises its option to renew the Agreement for an additional year. The
pa rties further agree to amend the second sentence of Article 3. OSB, and the
third sentence of Article 3.01A, to read as follows:
"3.05B The Contract 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."
"3.03A The Contract amount shall be as follows: Sixteen Thousand
Nine Hundred Seventy--Eight Dollars and Eighty Cents ($16,978.80) per year to be
paid One Thousand Four Hundred Fourteen Dollars and Ninety Cents ($1,414.90)
per month."
3) The term of this amended dqreement shall commence on November 22,
1999 and terminate on November 21, 2000.
4. In all
dated Novemper 12,
other
199B,
respects, the original aqreement
remains in tull force and effect.
between
the
parties
the
vJHERF:O[-', the pd It ies have he reun to ~;et thei r hands and sea 1,
first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Deputy Clerk
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CONTRACT AGREEMENT ''',
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THIS AGREEMENT, made and entered into this 12th day of November, 1998 between MONROE
COUNTY, FLORIDA, party of the first part (hereinaller sometimes called the "Owner"), and
MOWREY ELEVATOR SERVICE CO., INC., party of the second part (hereinaller sometimes
called the "Contractor"),
WITNESSED:
agree as follows:
That the parties hereto, for the consideration hereinafter set forth, mutually
3.01 THE CONTRACT DOCUMENTS
a) The Contract Documents consist of this Contract Agreement, Instructions to Bidders,
Contract Specification / Bid Fonn, Non-Collusion Affidavit, the Insurance Documents
(INSCKLST J -\ GLI, VLI, WCI, GIR J, GIR2), Florida Statute Chapter 399, the Elevator
Safety Code for Elevators and Escalators ASME AI7.1, and the Rules and Regulations for
Contractors at the Monroe County Detention Facility. These form the Contract, and all are
as fully a part of the Contract as if attached to this Agreement or repeated herein,
. .
b) In cases of conflict within the described Contract Documents in Article I A of this Contract
Agreement, the order of precedence shall be as follows:
I, Florida Statute Chapter 399
2, Elevator Safety Code for Elevators and Escalators ASME A 17.1
3, This Contract Agrecmcnt
4. Contract Spccification / Bid Foml with all/any addenda
5, Rules and Regulations for Contractors at the Monroe County Detention Facility
6, Instructions to Biddcrs
7, ;Insurance Documcnts
8. Non-Collusion Affidavit
3.02 SCOPE OF THE WORK
a) The Contractor shall furnish all labor and equipment to provide routine examinalion,
lubrication, cleaning, adjustment, replacement of parts, and perfonnance of applicable
code-rcquircd safcty tests on traction elevators or annual relief pressure tests on hydraulic
e1cvators, and any other service, repair, and imaintenance sufficient to ensure the safc
opcration of thc elevators in accordancc with Florida Statute Chaptcr 399, the Elcvator
Safety Codc for Elevators and .Escalators ASME A 171, the Specification Package entitlcd
"Colllplele Elevalor Service Mainlcnance Il\vcnty (20) Elcvators. and his bid dated August
18, 1<)<)8
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The Contractor 'shall respond within four (4) hours of notification of service, iWeii~ibtii ":'! "I: '.
(24) hours per day, seven (7) days per week. The Contractor shall provide a contact person
to ensure twenty-four (24) hour service.
c) The Contractor shall respond and rectiry all safety relaled deficiencies deemed necessary by
the Bureau or Elevat or Inspect ion i mmed iat ely. If deficiencyl deficiencies can not be rectified
immediately due to the unavailability of parts, the Contraclor shall terminate power to the
elevator(s) so that it may not be utilized until rectification. Contractor will rectifY safety-
related deficiencies within forty-eight (48) hours of receipt of parts. The Contractor shall
rectifv all other deficiencies deemed necessary by the Bureau of Elevator Inspection within
thil1y (30) days of notification.
d) The Contractor shall ensure that machine rooms are kept in a clean and safe manner at all
t i mcs
e) The Contractor shall ahidc hy thc Rules and Rcgulalions filr Contractors at the Monroe
('ollnty Detcntion Facility whcn scrvicing samc.
3,03 THE CONTRACT SUM
a) The County shall pay to the Conlractor for the performance of said service on a per month in
a rrea rs basis on or before the 3 at h day 0 I' the f ollowi ng month in each of t wel ve (12) months.
Thc Contractor shall invoice thc County monthly for e1cvator service and maintenance
performed under the Specifications contained herein. The Contract amount shall be as stated
hy the contracto~s bid as follows: Seventeen Thousand Six Hundred Ninety-Eight Dollars
and r: igl1l y Cent s ($1 7,698.80 j per yca r to be pa id One Thousa nd Four H undred Seventy
FOllr Dollars and Ninety Cents ($1,474,90) per month,
3.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
aj The Contractor hereby agrees that he has carefully examined the sites and has made
invest i ga t ions to fully sat i sfl' hi msel I' t ha t such sites are correct and suitable ones for this work
and he assumes full responsibility therefore. The provisions of the Contract shall control any
inconsistent provisions contained in the specifications. All Specifications have been read and
carefully considered by the Contractor, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, condilions, or situations shall
this Contracl be more strongly construed against Ihe Owner than against thc Contractor (and
his Surety, if applicable),
b) Any amhiguit y or uncertainty in I he Specifical ions shall he interpreted and construed by the
Owner, and his decision shall be linal and binding Upon all parties
cj The passing, approval, and/or acceptance or any pari of' Ihe work or malerial hy Ihe Owner
shall not operate as a waiver by the Owner of strict compliancc \",ith the terms of 4th is
Cmu'acI. and Specificalions COvering said \Vnr' Fad,,,'c on the pari of' the Contractor,
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"'" "'Y'immediately aOer Notice 10 cO~I workmanship shall enjIUe",h6 Owner, if it sees 'fi~'~i>:, "
' correct IhO'Same and recover the reasonable coSioI' such replacement and/or repair tTom the ',,,:,,)':"
Contractor, who shall in any event be liable to the Owner for all damage, loss, and expense '
' caused tot hc Owner by reason of t he Cant racl 0 r's breach of this Cant racl and/or hi s failure
to comply strictly and in all things with this ('onlract and with the Specifications
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3.05 TERM OF C.ONTRACT/RENEWAL
a) This contracl shall begin on N ovembcr 22, 1998 and t ermi nal e on November 2 t, 1999, This
Contract term shall be renewable in accordance with Article 3.058,
b) The Owner shall have the oPlion to rencw this agreemenl after the first year, and each
succeeding year, for Iwo additional one year periods, The contract amOunt agreed to herein
may be adjusted annually in accordance will, the percentage change in the Consumer Price
Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and
shall be based upon the annual average CPI computation from January I through December
31 of the previous year Increases in the contract amount during each option year period
shall be extendcd into the succeeding years,
3.06 HOLD HARMLESS
a) The CONTRACTOR shall defend, indemnify and hold harmless the County as outlined on the
attached form idenlilied as TCS I, attached herelo and incorporated as part of this contract
document.
3.07 INDEPENDENT C.ONTRACTOR
bl Al all times and for all purposes under this agreement the Contractor is an independent
Cont ract or and not an employee of the Board of Cou nt I' Commissioners for Monroe Cou nl y,
No stalement conlained in this agreement shall be construed so as to find the contractor or
any oflJis/her employees, conlractors, servants, or agents 10 be employees of Ihe Board of
County Commissioners for Monroc County,
3.08 ASSURANCE AGAINST DISCRIMINATION
a) 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 which is nOI job related, in its
recn. it ing, hi ri ng, liromol in g, term i na t i ng, or any ot her a rea alTect i ng employmenl under t his
agrecmclll or with t hc provision of services or gobds undcr this agrccment.
1.09 ASSIGNMENT/SlJI3CONTRACT
a)
The Conlractor shall not assign or suheontract Ihis agreemenl, except in writing and with the
prior wnllen approval of Ih~ /),wd of County COI;,missioners for Monroe County, Wi,ich
a pprova I sha II he subjecI to such co I1d i I iOl1s and pro vi si 0 11 S as the n oa In ",ay deem necessa.y
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This agreement shall be incorporated by reference into any assignment or subcOntract and any
assignee or subcontractor shall comply with all of the provisions of this agreemeni. Unless
expressly provided for therein, such' approval shall in no manner or event be deemed to
. impose any obligation upon the Board in addition to the total agreed-upon price of the
services/goods of the contractor
3,10 COMPLIANCE WITH LAW
a) In providing all services/goods pursuant to this agreement, the contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in eOcct and hereinafter adopted. 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 contract immediately upon delivery of written notice of
termination to the contractor The Contractor shall possess proper licenses to perform work
in accordance with these specifications throughout the term of this contract.
3.11 INSURANCE
a) Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of
Insurance indicatingthe minimum coverage limitations ~s indicated by an "X" on the attached
forms identified as INSCKLST 1-5, as further detailed on forms WC I, GLI, VL I, GIR I &
GIR2, each attached herelo and incorporated as part of this contract document.
3.12 HJNDING AVAILABILITY
a) Notwithstanding anything contained elsewhere in this contract, if funds for Facilities
Maintenance Contractual Services are partially reduced by the Board of County Commission-
ers or cannot be obtained or cannot be continued at level sufficient to allow for the purchase
of the services/goods specified herein. this agrccment may then be tenninated immediately at
the option of the Board of County Commissioners by written notice of termination delivered
in persQn or by mail to the contractor. The Board of County Commissioners shall not be
obligated to pay for any services provided by the contractor after the contractor has received
written notice of termination.
3.13 PROFESSIONAL RESPONSIBILITY
a) The Contractor warrants that it is authorized by law to engage m the performance of .he
activities encol11pa~sed by the project herein described, The Contractor shall at all times
exercise independent, professional judgment and ~shall assume professional responsibility for
the services to be provided Continued funding by the Board is contingent upon retention of
appropriate local, slale, and/or federal certification and/or licensure of contractor
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. '.'3.14 NOTICE REQUIREMENT ,
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Any nOlice required or permitted under Ihis agreemenl shall be in writing and hand delivered
'or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to
the following
FOR COUNTY
Monroe County Public Works
5 I 00 College Road
Key West, FL lJ040
FOR CONTRACTOR
Mowrey Elevator Service Co., Inc.
3300 SW 50lh Avenue
Davie, FL JJ314
3.15 CANCELLATION
a) The County may cancel this contract for cause with seven (7) days notice to the Contractor.
Cause shall constitute a breach of the Obligations of the Contractor to perform the services
enumerated as the Contractor's obligations under this contract.
b) Eit her of the part ies heret 0 may cancel I his agreement without cause by giving the ot her party
sixty (60) days written notice of its intention to do so,
3.]6 GOVERNING LAWS
a) This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida,
IN WITNESS WI'H.:REOF the parties hereto have executed this Agreement on the day and date
first above written in four (4) counterparts, each of which shall, without proofor accounting for the
other counterparts, be deemed an original Contract *
Attest: DANNY L KOUIAGE, Clerk
COUNTY OF MONROE, STATE OF
FLORIDA
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Clerk Date
By ~tI~.~"'tV'~
Mayor/Chairman
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Date
Attest:
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MOWREY ELEVATOR SERVICE CO., INC.
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