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Item C26 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 20.21.2000 Division: Public Works Bulk Item: Yes ---X-.. No Department: Public Works AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Temptrol NC, Inc. for Central Air Conditioning Maintenance and Repair at the Upper Keys Facilities, and authorization for Mayor to execute same. ITEM BACKGROUND: Our current contract with Houston Air for the Upper Keys Central Air Conditioning Maintenance and Repair expires October 19, 2000, with no additional options to renew. On July 11, 2000, a bid opening was held with Temptrol NC, Inc. being the lowest responsive bidder. The agenda on August 16, and 17,2000 to award bid to Tcmptrol NC was tabled. County opinion is that the contractor, residing in Miami, has plenty time to respond to the three (3) hour limit the specifications indicate for handling an emergency call (see attached). The new contract with Temptrol NC, Inc. will commence on October 20,2000, and expire October 19, 2001. PREVIOUS RELEVANT BOCC ACTION: On May 17,2000, BOCC approved to advertisc for bids for the Upper Keys Central Air Conditioning Maintenance and Repair, and on August 16, 2000 BOCC tabled the approval to award bid to Temptrol NC, Inc. pending County Attorney opinion. STAFF RECOMMENDATION: Approval as stated above. TOTAL COST: Not to Exceed $20.000.00 pervr. BUDGETED: Ycs X NO Account # 001 20501-530-340 Cost to County: Not to Excecd $20.000.00 per yr. REVENUE PRODUCING: YES NO l AMOUNT PER MONTH YEAR APPROVED BY: Risk Management Item Prepared by: , aratc, Sr. Director, Public Fad 'tics ~~cc DIVISION DIRECTOR APPROVAL: ~- .: --.J 1/~z) DOCUMENTATION: Included ---K- To follow Not required AGENDA ITEM # ~ DISPOSITION: . C oK~~lY of ~~R~A~goE DATE: August 31, 2000 TO: Ann Mytnik, Contract Monitor Facilities Maintenance FROM: BOARD OF COUNTY COMMISSIONERS MAYOR, Keith Douglass, District 4 Mayor Pro Tern, Jack London, District 2 Wilhelmina Harvey, District 1 Shirley Freeman, District 3 Mary Kay Reich, District 5 Rob Wolfe .52::/7 ) Chief Assistant County AttorneyL./( {,,/ RE: T emptrol AC contract i i i i i i i i i i i i i i i i i i i i i i 1. Since the specs provided for a 3-hour response time for service calls and the repair sites are in the Upper Keys, I do not think a Miami firm is a nonconforming bidder on the basis of response time. Common experience shows that one can get from Miami to the Upper Keys in under three hours. If the Board determines that the 3 hour response time is excessive and that County offices need to be served more rapidly, then the Board may reject all bids and specify, say, a 30 minute response time. A 3D-minute time would obviously make a Miami based firm's bid nonconforming. 2. There is presently nothing in the Purchasing Policies that would allow for the rejection of a conforming, out of County low bidder in favor of a higher conforming local bidder. " Therefore, the contract should be awarded to Temptrol AC, Inc., absent a rejection of all bids and a redraft of the specs as discussed above. RNW/jeh ~~ !~~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: CONTRACT SUMMARY Contract # Temptrol NC. Inc. Effective Date: Expiration Date: 101 /20 100 10 /19 101 Contract Purpose/Description: Central Air Conditioning Maintenance and Repair. Upper Keys Facilities. . c;{b ? #-4- Contract Manager Ann Mytnik (Name) 4431 Facilities Maintenance (ExL) (Department) for BOCC meeting on AUg!Jst 16. 2000 Agenda Deadline: August 2. 2000 CONTRACT COSTS Total Dollar Value of Contract: $ NTE $20.000.00Current Year Portion: $ 0.00 Budgeted? Yes.lL. No _ Account Codes: 001 - 20501 - 530 - 340 - Grant: $ N/A County Match: $ N/ A Estimated Ongoing Costs: $ N/ A (Not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No Aa _ //':J ~ Division Director K;3;W ( ) (.) {/tv (/~ E / Yi~ 6 R~J"agement ",[{fLIOD ( ) (~. U~ ~ '2CJZ-IcJ('J O~~/Purchasmg <;t/~/()O ('v(( ) . ~? /~/!ZiJ County Attorney !fJCJdJ1tJ ( ) (. <("/l~ Comments: ~ -e c f; OV\ 3..0 '6: 13C I?f I'll fr> fl~.$ .fu 0~ co rYe oI<--f. ,~ L . I I (. ~ I ) / 10 ~t{ US; (2vrcACt5,,'---n5 (Jolley -5.(L dk.~- f)~rr'lan1 ~ O:-'W Form Re\'lsed li;JO/~5 Me!' 1/2 I- z UJ ~ ~V1 I- Q..>- ~I-OUJ <(UJO~ o..UJ"a::: UJImUJ OV1I-Q.. CJZ<(g;~ z~ga:::~ Vl<(<fOO_ ...JNL.1..:---.. I:::> - V1 ~ Ucar-a:::,..,. a:::<(r-<(~ :::>I->-Q..~ o..LJ-'ws;: >-Z~a:::l..t.J I- z .. U Cl::: Z w_ UJI-<( :::>Q..<( 000 .. 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QJ -S QJ t::: .~ ~ ~ 2 -ti '- -Q ::::::: I'\l S QJ .s;: ~ "'t:J t:::: I'\l QJ~ .~ t:::: ~ QJ ~ ~ QJ I..J 2.g ~~ ~~ ~.~ '- :::>: ~~ ~~ C)'~ ..... .~ '-- " t::::-g ~t::l.. II) QJ ~"S QJ ~ e I'\l t::::'ti Cl-S ~..... ~..... o QJ ;::"""S ..... t::: t:::: ~C) a. QJ ~ "S~ s<~ I'\l-Q -....J QJ 1'\l"S ~~ , Cl ~II) LC II) Cl :!:! ..... - t)) ~ .~ 'l;) 'tit: >....:. (J ~ Q ..... II) \..J QJ ~ >....:. C Vl I'd ..c U I.... ::s 0... I.... I.... Q) ..c U ...... Vl C I.... UJ I'd Vl ::J >- o::l -0 Q) C Q) 0. o -0 CD SECTION THREE CONTRACT TIllS AGREEMENT, made and entered into this 16th day of August , 2000, betwecn Monroe County, Florida, (hcreinafter called the "Owncr"), and Temptrol (hereinafter called the "Contractor"). A.D. by and A/C. Inc. WITNESSED: as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree 3.01 THE CONTRACT The contract betwecn thc owncr and the contractor, of which this agreement is a part, consists of the contract documents. 3.02 THE CONTRACT DOCUMENTS The contract documcnts consist of this agreement, the spccifications, all change orders, and any addenda issued hercaftcr, any other amendments hereto executed by the parties hcrcafter, together with the bid proposal and all required insurance documentation. 3.03 SCOPE OF WORK The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation, and perform all of the work described in the Specification entitled: CENTRAL AIR CONDITIONING MAINTENANCE AND REPAIR UPPER KEYS FACILITIES UP TO AND INCLUDING BIG PINE KEY MONROE COUNTY, FLORIDA And his bid dated July 6, 2000, attached hereto and incorporated as part of this contract document, and shall do everything required by this Contract and other Contract Documents. 3.04 THE CONTRACT SUM The Owner shall pay to the Contractor for the faithful perfornlance of the Contract, in lawful money of the United States, as follows: A. The actual cost of parts and materials purchased from the manufacturer plus 30(% used by the Contractor to fulfill the obligations.ofthe Contract. Manufacturer's invoice must accompany all requests for payment for any part which exceeds $100.00, and may bc requcsted at thc discrction of the Owner for any part, regardless of the cost. B. The cost of labor and equipment used by the Contractor to fulfill the obligation of thc Contract. The labor and equipment costs will be calculated using the unit prices set forth in thc Contractor's bid as follows: l. Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday thought Friday, excluding holidays. $50.00 per hour, mechanic $75.00 per hour, mechanic plus helper 2. Labor - overtime rate for hours other than the nonnal working hours as stated in SECTION 2, paragraph 8, including holidays. $75.00 per hour, mechanic $112.50 per hour, mechanic plus helper Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. C. Freon for recharging systems: ]) R-22 $8.00 per pound 2) R-12 $50.00 per pound D. The total contract sum shall not exceed $20,000.00 per year. 3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. B. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and Specifications covering said work; and the Owner may require the Contractor and/or his surety to repair, replace, restore, and/or make to comply strictly and in all things with the Contract and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the pass~ng, approval, and/or acceptance of any such work or material, are found to be defective or to fail in any way to comply with this Contract or with the Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. Failure on the part of the Contractor and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his surety, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Specifications. 3.06 LIQUIDATED DAMAGES Time is of the essence of this Contract and should the Contractor fail to complete the emergcncy repairs within the specified time, or any authorized extension thercof, thcre shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of Fifty Dollars ($50.00) per calendar day as fixed, agrced, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete work within the specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. 3.07 PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: The County shall pay to the Contractor for the perfomlance of said service on a per month in arrears basis. The Contractor shall invoice the County monthly for central air conditioning maintenance and repair serviccs pcrfonllcd under the Specifications containcd herein. The Owncr will, within ten days after receipt of cach application for paymcnt, either proccss paymcnt or retum the application to the Contractor indicating in writing the Owner's rcasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the application. Thirty days after presentation of the application for payment with the Owners recommendation, the amount recommended will become due and will be paid to the Contractor. 3.08 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one (l) year, commencing October 20, 2000, and terminating on October 19,2001. This contract is renewable in accordance with Article 3.08B. B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Eamers and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual av~rage CPI computation from January 1 through December 31 of the previous year. Increases in the contract amount during each option year period shall be extended into the succeeding years. C. Either of the pal1ies hereto may cancel this agrcement without cause by giving the other party sixty (60) days written notice of its intention to do so. The County may temlinate this agreement for cause within seven (7) days written notice of its intent to do so. 3.09 HOLD HARMLESS The Contractor shall defend, indemnify and hold.harmless the Monroe County Board of County Commissioners as indicated on form TCS. 3.10 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. 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 Board of County Commissioners for Monroe County. 3.11 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 which is not job related, in its recruiting, hiring, promoting, ternlinating, or any other area affecting employment under this agrcemcnt or with the provision of services or goods under this agrcemcnt. 3.12 ASSIGNMENT The contractor shall not assign or subcontract this agreement, except in writing and with the prior writtcn approval of the Board of County Commissioners for Monroe County and Contractor. which approval shall bc subjcct to such conditions and provisions as the Owncr and Contractor may deem necessary. This agreement shall bc incorporatcd by reference into any assignmcnt or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unlcss 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 contractor, nor relieve the contractor of his obligations under this contract. 3.13 COMPLIANCE WITH LA \V 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 serviccs, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall cntitlc the Owner to terminate this contract immediately upon delivery of written notice of termination to the contractor. 3.14 INSURANCE Prior t9 execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identi fied as INSCKLST I -5, as further detailed on forms WC I, GL 1, and VLl, each attached hereto and incorporated as part of this contract document. 3.15 FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the serviccs/goods specified herein, this agreement may then be terminated immediately at the option of the Owner by written notice of termination delivered in person or by mail to the Contractor. The Owner shall not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of termination. 3.16 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, suhject to the terms and conditions set forth in the Public Works Specification Manual entitled "Central Air Conditioning Repair for Upper- Keys FacilitieslFrom Conch Key up to and Including Key Largo", which is attached hereto and incorporated herein as a part of this contract/agreement. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 3.17 NOTICE REQUIREMENT Any notice required or pennitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party be cel1ified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Public Works Facilities Maintenance Department 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Tcmptrol A/C, Inc. 4215 S.W. 72 Avenue Miami. FL 33155-4510 3.18 GOVERNING LA \VS 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. 3.19 CONTINGENCY STATEMENT Monroe County's perfonnance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. .. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONER OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chai rman Date: (SEAL) Attest: CONTRACTOR Temptrol NC, Inc. By: WITNESS By: Title: Title: By: WITNESS Title: