Item C35
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
October 18. 19.2000
Division:
Public Works
Bulk Item: Yes ---K- No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew contract with Dade Restaurant Repair Shop, Inc. for
the Preventative Maintenance Service of the kitchen equipment at the Monroe County Detention Center) in
the amount of $3,176.45(yr., an additional $104.45/yr. due to 3.4% cpr
increase over last year s amount of $3,072/yr.
ITEM BACKGROUND: On December 31, 2000, the contract with Dadc Restaurant Rcpair Shop, Inc.
will expire. Articlc 3.11 of the original agreement dated December 6, 1999 stipulates two additional
options to renew.
PREVIOUS RELEVANT BOCC ACTION: On December 8, 1999, the BOCC granted approval of a
contract between Monroe County and Dade Restaurant Repair Shop, Inc. for preventative maintenance
service contract ofthe kitchen equipment located at the Monroe County Detention Center.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL:COST: $3.176.45
BUDGETED: Ycs X
Account #101-20505-530-340
NO
Cost to County: $3.176.45
REVENUE PRODUCING: YES
NO ---1L AMOUNT PER MONTH
YEAR
APPROVED BY:
OMB/Purchasing _
Risk Management
. intcnancc
DMSION DIRECTOR APPROVAL:
?c.
~
DOCUMENTATION: Included ---K- To follow
Not required
AGENDA ITEM # l.:L2t5'
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Dade Restaurant Repair Shop. Inc.
Effective Date:
Expiration Date:
01 /01 /01
12 /31 /00
Contract Purpose/Description:
Preventative Maintenance Service of the kitchen equipment at the Monroe County Detention
Center.
Contract Manager
Ann Mytnik
(Name)
4431 Facilities Maintenance
(Ext.) (Department)
for BOCC meeting on
10/18/00
Agenda Deadline: 10/04/00
CONTRACT COSTS
Total Dollar Value of Contract: $ 3.176.45
Budgeted? Yes --X- No _ Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 2.382.34
101 - 20505 - 530 - 340 -
Estimated Ongoing Costs: $ N/ A
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Division Director
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Yes No/, n p ,
!.0-.2!1!f) ( ) V) _ ;Y.. ~ /~
(
LI.2Y;oo ( ) (~.lJ(~ ~d~
(-Kd~~JA 0 4A-.;e~ ~ {td
(~K~ ~~!:D
Date Out
101 31 ilb
---
Risk Management
o~ur~ng
County Attorney
v;} 81 00
CWJa;txJ ( )
~~~ ( )
Comments:
()~1I3 FOllll R""is"d &;30/95 ~fC'1' 112
RENEWAL AGREEMENT
(Preventive Maintenance Service Contract - Kitchen Equipment
Monroe County Detention Center)
THIS Renewal is made and entered into this 18th day of October 2000, between the COUNTY
OF MONROE and DADE RESTAURANT REPAIR SHOP, INC. in order to renew the
agreement between the parties dated December 6, 1999 (a copy which is incorporated hereto by
reference) as follows:
1. In accordance with Article 3.11 of the original agreement, the County exercises its first
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:
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. The County shall pay Dade Restaurant Repair Shop, Inc. $3,176.45 per year.
3. The term of the renewed agreement will commence on January 1, 2001, and terminate
December 31,2001.
4. In all other respects, the original agreement between the parties dated December 6, 1999
remains 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)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Dcputy Clerk
DADE RESTAURANT REPAIR SHOP, INC.
Witncss
..
By:
Witness
Titlc
c:
C.;'
"
SECTION THREE
CONTRACT
This agreement is set forth as of the DECEMBER 6t year 1999 t
between THE OWNERt WHO IS THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY FLORIDA AND THE FOLLOWING CONTRACTOR:
NAME: DADE RESTAURANT REPAIR SHOP INC.
ADDRESS: 201 WEST 27Tll STREET
HIALEAH, FLORIDA 33010
PHONE: 305-887-0783
for the purpose of performing all of the work required by the
Contract Documents for the following Project:
PREVENTIVE MAINTENANCE SERVICE CONTRACT
KITCHEN EQUIPMENT
FOR THE MONROE COUNTY DETENTION CENTER
55Dl COLLEGE ROAD
KEY WESTt FL. 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 fortht mutually agree as follows:
3.1 SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materialst equipmentt
machinerYt toolst apparatus, and tr~nsportation and perform all of
the work described in the Specification entitled:
Preventive Maintenance Service Contract
Kitchen Equipment
For the Monroe County Detention Center
5501 College Road
Key West, Florida
3-1
( ,
'"0'
'\ .
,~.
and his bid dated NOVEMBER 16, 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 which 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 in
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 with all of the
provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed
to impose any 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 zation (including 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.
3.1 COHPLIANCE WITH LAW
In providing all services/goods pur.suant 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 effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules and regulations
shall constitute a material breach of this agreement and shall
entitle the OWNER to terminate this contract immediately upon
delivery of written notice of termination to the CONTRACTOR.
3 -2
c\;
c
3.5 LABOR, MATERIALS AND EQUIPMENT:
a) CONTRACTOR shall provide competent, suitably qualified
personnel to perform the Work as required 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 protection of persons or the Work or property at
the facil i ty or adj acent thereto, and except as otherwise
indicated in the Contract Documents.
b) All materials and equipment shall be of good quality and new,
except as otherwise provided in the Contract Documents. If
required by the OWNER, CONTRACTOR shall furnish satisfactory
evidence (including reports of required tests) as to the kind
and quality of materials and. equipment. Original invoices
will be submitted to the OWNER for reimbursement. All
materials and 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 OWNER 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
Division, will act as a purchasing agent for the OWNER. The
OWNER will, 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.
\oJith
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 OWNER. The CONTRACTOR acknowledges that it is responsible
for complying with the provisions of the Immigration Reform
and Control Act of 1986, located at 8 U.S.C. Section 1324, et
seq., and regulations relating 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 OWNER designates the Director of Facilities Maintenance,
Public Works Division, to function as Contract Manager, who
shall be responsible for enforcing performance of the Contract
terms and conditions, serve as liason with the contractor, and
approve all invoices prior to payment.
3 -)
~, ::
c:
3.6 SAFETY AND PROTECTION
a) CONTRACTOR shall be responsible for ini tiating, 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, injury 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, shrubs, 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 other persons and
be affected thereby;
and materials and equipment to be
whether in storage on or off the site;
. 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,
inj ury or loss i 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 uti~ity owners when prosecution
of the Work may affect them, and shall cooperate with them in
the protection, 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
orgqnization 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 whole or in part, to the fault or negligence of CON
TRACTOR) .
3.7 EMERGENCIES
In emergencies affecting the safety or protection of persons or
the Work or property at the site or adjacent thereto, CONTRACTOR,
without special instruction or authorization from OWNER, is obli-
gated to act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give OWNER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or variations
from the Contract Documents have been caused thereby.
3 -4
t
3.8 SUSPENSION OF WORK AND TERMINATION
a) OWNER may terminate upon the 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 II, 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 federal or state law in
effect at such time relating to the bankruptcy or
insolvency;
9.2. if a petition 1S filed against CONTRACTOR under any
chapter of the Bankruptcy Code as now or hereafter 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 take charge of property
of CONTRACTOR is . for the purpose of enforcing a lien
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.q. if CONTRACTOR persistently fails to perform the Work in
accordance with the Contract Documents (including, but
not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment) i
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 otherwise v.iolates in any substant ial v.Jay
any prOV1S1ons of the Contract Documents.
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
3 -5
l', '
t','
",
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. I f the unpaid balance of the Contract Price
exceeds the direct, indirect and consequential costs of
completing the Work (including but not limited to fees and
charges fo engineers, architects, attorneys and other
professionals 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 ~ONTRACTOR'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,
wi thout cause and wi thout prej udice 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 plus reasonable termination
expenses, which will -include, but not be limited to direct,
indirect, and consequential costs (including, 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 <lct or f<lult of CONTRACTOR, the Work 18 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 within a reasonable time
after it is submitted, or OWNER fails to pay CONTRACTOR any
sum finally determined to be due wi thin a reasonable time,
then CONTRACTOR may, upon ninety days' written notice to
OWNER, terminate the Agreement and recover from OWNER payment
for all Work executed and any expense sustained plus
reasonable termination expenses. In addition and in lieu of
terminating the Agreement, if OWNER has failed to act on an
Application for Payment or ha6 failed to make any payment as
aforesaid, CONTRACTOR may upon ninety days I written notice to
OWNER stop the Work until payment of all amounts then due.
3 -6
(,
(I"
, ,
. ,)
3.9 DISPUTE RESOLUTION
All ~laims, disputes and other matters in 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 civil 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
TERN OF CONTRACT
This CONTRACT shall be for a twelve (12) month period beginning on
JANUARY 1 2000 and end on DECEMBER 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 this agreement after the
, first and each succeeding year, for two (2) additional one-year
periods. The contract amount agreed to herein may be adjusted
annuaJ;ly in accordance with the percentage change in the most
recent Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W); 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 reduced or cannot be obtained or cannot be
continued at a level sufficient to 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
notice 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, 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.
3.14
NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the
other party by certified mail, returned receipt requested, to the
following:
FOR OWNER:
FOR CONTRACTOR:
Monroe County Public Works
Pacilities Maintenance Dept.
3583 S. Roosevelt Blvd.
Key West, Florida 33040
DADE RESTAURANT REPAIR SHOP/INC.
201 West 27th Street
Hialeah, FL. 33010
Tel:305-887-0783
Attn: Director of Facilities Maint.
3.15
PAYMENT
1) The OWNER shall pay to the CONTRACTOR for the performance 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
maintenance and testing performed under the Contract Documents
contained herein. The Contract amount shall be as stated by
the CONTRACTORS proposal as follows:
a . Preventive MainteniJ.l1ce Services per year
paid $768.-9.9. per quarter
$ 3 I 072 . 00 I to be
3 -8
( ,
l:
b. Repairs (routine, prior approval required)-Hourly rate for
- work not within the scope of preventive maintenance-normal
working hours of 8AM to SPM Monday through Friday, excluding
holidays $80.00
c. Emergency service call-overtime hourly rate for work not
within the scope of preventive maintenance other than normal
working hours as stated above under Article 3.15bl including
holidays $120.00
d. Handling fee for supplies and replacement parts required for
maintenancel repairsl and emergency service. Manufacturer1s
invoice plus 25% (twenty five 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 D). 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
~j
a) The duties and obligations imposed by these General Conditions
and the rights and remedies available hereunder to the parties
heretol andl in particular but without limitationl the
warranties, guarantees and obligations imposed upon CONTRACTOR
and all of the rights and remedies available' to OWNER
thereunder, are jn 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 dutYI obligationl 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 or obligation to
perform any act required by t}:;}is Agreement shall be deemed
waived by the waiver of any particular act or occurrence of
breach.
c) This writing constitutes the entire expression of the parties
agreement and may not be contradicted, modified, explained or
supplemented by any prior written agreement or oral agreement
or any other prior written or oral communication.
3 -9
(,: ,
. ,
(:
In witness whereof, the parties hereto have executed this agree-
ment the day and year first above written,
COUNTY OF MONROE, STATE OF
FLORIDA
,<,.".-.;-::"-:::-: .....
/((~:;':' ->.:,...::,.',:~ ':~'>'\
(.~~~.,>::.:i~.,ii~,~..t .:::, dANNY L. KOLHAGE,
~~LAi~
By ~L7-F~
Mayor/Chairman
Clerk
t>. c.. .
DADE RESTAURANT REPAIR SHOP, INC.
By a,~~
Con ractor Re
Attest:
~~
)C~~~
, . WITNESS - -----
Corporate seal if corporation:
"
3 -10