Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
DecexnberI3.14.2000
Division:
Public Works
Bulk Itexn: Yes ~ No
Departnlent:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to award bid an enter into a contract with Windswept AlC &
Appliances for the Central Air Conditioning Maintenance and Repair for the Middle Keys facilities, and
authorization for Mayor to execute saxne.
ITEM BACKGROUND: Our current contract with Windswept AlC & Appliances expires on January
18, 2001 with no additional options to renew. On October 25, 2000 a bid opening was held with two
bidders responding. Windswept AlC & Appliances was the lowest bidder.
PREVIOUS RELEVANT BOCC ACTION: Central AlC Maintenance & Repair was included on the
fiscal year 2001 budget for the Public Facilities Maintenance Departxnent, approved Septexnber 20,2000.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: $25.000 not to exceed BUDGETED: Yes X
Account #00 I ~2050 1 ~530~340
Cost to County: $25.000 not to exceed #101-20505-530-340
NO
REVENUE PRODUCING: YES NO l AMOUNT PER MONTH
YEAR
APPROVED BY: County Atty. OMB/Purchasing _ Risk Managexnent
Item Prepared ~.k,/.21_
Carlos ate, Sr. Director, Public Facilities Maintenance
~h/(fJ~
Dent Pierc , Division Director
DMSION DIRECTOR APPROVAL:
i) /7-');, /tXt
I
DOCUMENTATION: Included ~ To follow
Not required
AGENDA ITEM # 1-G5
DISPOSITION:
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:
CONTRACT SUMMARY
Contract #
Windswept NC & Appliance
Effective Date:
Expiration Date:
01 /19 /01
01 /18 /02
Contract Purpose/Description:
Middle Keys Central NC Maintenance and Repair
Contract Manager Ann Myntik
(Name)
4431 Facilities Maintenance
(Ext.) (Department)
for BOCC meeting on 12/13.14/00
Agenda Deadline: 11/29/00
CONTRACT COSTS
Total Dollar Value of Contract: $ 25.000 not to exceed Current Year Portion: $ 17.708 not to exceed
Budgeted? Yes ~ No _ Account Codes: 001 - 20501 - 530 - 340 -
Grant: $ N/A 101 - 20505 - 530 - 340 -
County Match: $ N/ A
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Yes No ~ 0
!lj d- f; 00 ( ) (~ 1)- "( lJLA<.e.f BR ~ d 8J ~
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Comments \( JJ\ - tv\(yy",--o~-C'~ \3o~c ~ ~
H~ ~ O-.L~~ . ~ G-L ~~
Reviewer
Date Out
Division Director
~anagement
o'ifB./Pu~g
County Attorney
OMB Form Revised 8/30/95 Mep #2
SECTION THREE
CONTRACT
THIS AGREEMENT, made and entered into this 13th day of December, 2000, AD.
by and between Monroe County, Florida, (hereinafter called the "Owner"), and Windswept Inc, d/b/a
Windswept AlC & Appliances (hereinafter called the "Contractor").
WITNESSED:
as follows:
That the parties hereto, for the consideration hereinafter set forth, mutually agree
3.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part, consists
of the contract documents.
3.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders, and any
addenda issued hereafter, any other amendments hereto executed by the parties hereafter,
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
N.ITDDLEKEYSFAC~ITffiS
MONROE COUNTY, FLORIDA
And his bid dated October 20, 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 performance of the Contract, in lawful
money of the United States, as follows:
A The actual cost plus 30% of parts and materials purchased from the manufacturer used
by the Contractor to fulfill the obligations of the Contract. Manufacturer's invoice must
accompany all requests for payment for any part which exceeds $100.00, and may be
requested at the discretion 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 the
Contract. The labor and equipment costs will be calculated using the unit prices set
forth in the Contractor's bid as follows:
1. Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays.
$50.00 per hour, mechanic
$75.00 per hour, mechanic plus helper
2. Labor - overtime rate for hours other than the normal working hours as stated in
SECTION 2, paragraph B, 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:
1) R-22 $13.00 per pound
2) R-12 $32.00 per pound
D. The total contract sum shall not exceed $25,000.00 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 passing, 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
emergency repairs within the specified time, or any authorized extension thereof, there 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, agreed, and liquidated
2
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 performance of said service on a per month in
arrears basis. The Contractor shall invoice the County monthly for central air conditioning
maintenance and repair services performed under the Specifications contained herein.
The Owner will, within ten days after receipt of each application for payment, either process
payment or return the application to the Contractor indicating in writing the Owner's reasons
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 CONTRACTIRENEW AL
A. This contract shall be for a period of one (1) year, commencing January 19, 2001, and
terminating on January 18,2002. 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
might be adjusted annually in accordance with the percentage change in the Consumer Price
Index for all urban consumers (CPI-V) for the most recent 12 months available. Increases in
the contract amount during each option year period shall be extended into the succeeding years.
C. Either of the parties hereto may cancel this agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so. The county may terminate this
agreement for cause with 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
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, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement.
3.12 ASSIGNMENT
The contractor shall not assign or subcontract this agreement, except in writing and with the
prior written approval of the Board of County Commissioners for Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Owner and
Contractor may deem necessary. 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 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 contractor, nor relieve the contractor of is
obligations under this contract.
3.13 COMPLIANCE WITH LAW
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 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.
3.14 INSURANCE
Prior to 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 identified as INSCKLST 1-5, as further detailed on forms WC1, GL1, 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
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 by the
Contractor after the Contractor has received written notice of termination.
3.16 PROFESSIONAL RESPONSmILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described, subject to the terms and conditions set
forth in the Public Works Specification Manual entitled "Central Air Conditioning Repair for
Middle Keys Facilities", 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.
4
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 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 COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
Windswept AlC & Appliances
2735 Overseas Highway
Marathon, FL. 33050
3.18 GOVERNING LAWS
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 performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Monroe County Board of County Commissioners.
5
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/Chairman
Date:
(SEAL)
Attest:
CONTRACTOR
Windswept AlC & Appliances
By:
WITNESS
By:
Title:
Title:
By:
WITNESS
Title:
6