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Item C08BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: February 21, 2001 DIVISION: Public Works BULK ITEM: Yes x No DEPARTMENT: Fleet Management AGENDA ITEM WORDING: Approval to renew existing contract with RMS International for emergency generator inspections, maintenance and repair for one additional year with no increase over last year's contract price. ITEM BACKGROUND: The existing contract allows renewal for one more year, and the contractor has agreed to renewal at no additional cost. PREVIOUS RELEVANT BOCC ACTION: Approval of the original contract with RMS International on 4/14/99, and approval of the 2°d year renewal on 2/16/00. STAFF RECOMMENDATION: Approval as stated above. TOTAL COST: Approx. $51,000 per year BUDGETED: Yes: x No: Acct. #504-23501-530340 COST TO COUNTY: same REVENUE GENERATED: Yes No x APPROVED BY: County Atty.: x OMB/Purchasing: x Risk Management: x A. z/1/o1 DIVISION DIREC TOR APPROVAL: i�p"--''�'— Dent Pierce DOCUMENTATION: INCLUDED: x TO FOLLOW: NOT REQUIRED: rigDISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:RMS International Effective Date:04/16/01 Expiration Date:04/16/02 Contract Purpose/Description:Emerpency..generator inspections and electrical repairs, upper, middle and lower keys facilities from Key West to Cardsound. Contract Manager:Roy Sanchez 3572 Fleet Mana eg�ment Services (Name) (Ext.) (Department) for BOCC meeting on 02/21/01 Agenda Deadline: 02/07/01 CONTRACT COSTS Total Dollar Value of Contract: $51,000.00 Current Year Portion: $30 000.00 approx. Budgeted? Yes® No ❑ Account Codes: 504-23501-530-340- Grant: $ County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $unknown/yr For: unexpected repairs (Not included in dollar value above) (eg. maintenance, utilities, j� CONTRACT REVIEW Changes Date Out Date In Needed P iewe� Division Director Z 111 o I Yes[:] No❑ Risk anag ent I yes❑ �� No[o, (� (�U -e, U'^ O.M.B./Pu mg i12,3101 Yes[:]No Q County Attorney i/7-Xl o ( Yes❑ No Comments: nNrR Fnrm Revised 9/11/95 MCP #2 RENEWAL AGREEMENT THIS AGREEMENT is made and entered into this day of , 2001 between the COUNTY OF MONROE and RMS INTERNATIONAL in order to renew the agreement between the parties dated April 14`h, 1999. In accordance with Paragraph 4(B) of the 1999 agreement, the County hereby exercises its option to renew the Agreement for a second and additional one-year term beginning April le, 2001. 2. In all other respects, the agreement between the parties dated April 14`h, 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 COMIVIISSIONERS OF MONROE COUNTY, FLORIDA LM Mayor / Chairman WITNESSES: RMS INTERNATIONAL APPROVED AS TO FORM po- DTATE, RMS International PO Box 221376 Hollywood, F133022-1376 Phone 305-451-6032 Fax 305-451-6033 January 12, 2001 Mr. Roy Sanchez County of Monroe 3583 S. Roosevelt Blvd. Key West, Fl 33040 Dear Mr. Sanchez, This is to give you official Notice that RMS International would like to extend the present contract with Monroe County Public Works Division for another year. This letter is a notice that the original pricing, terms and conditions would be in effect for a second and additional one year period. Should you have any questions please call. Thank you, Ael1/' Ai6w--e—� Mark Reeder RENEWAL AGREEMENT THIS AGREEMENT is made and entered into this I (o day of Febnv-a,,12000 between the COUNTY OF MONROE and RMS INTERNATIONAL in ord r to renew the agreement between the parties dated April 141, 1999. 1. In accordance with Paragraph 4(B) of the 1999 agreement, the County hereby exercises its optiontorenew the Agreement for an additional one year term beginning _�`T� 2000. 2. In all other respects, the agreement between the parties dated April 14"', 1909 remains in full force and effect. IN WITNESS WI1EREOF, the parties have hereunto set their hands and seal, the day and .v9 r,Xirgt-written above. `,`ATTEST: DANNY L. KOLHAGE, CLERK RM� BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA CS I By 2 Mayor/Chairman WITNESSES: RMS INTERNATIONAL gap EMERGENCY GENERATOR INSPECTIONS AND ELECTRICAL REPAIRS Monroe County, Florida The OWNER and the CONTRACTOR agree as set forth as follows: ARTICLE,I- THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Appendix A: Generator List, Appendix B: Approved Inspection Checklist, the Non -Collusion Affidavit, the Lobbying and Conflict of Interest Clause (Sworn Statement under Monroe County Ordinance #10-1990), the Drug -Free Work Place Form, the Insurance Documents, and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 8. ARTICLE 2- THE WORK A. The CONTRACTOR shall perform three inspections of the 37 emergency generators, listed in Appendix A, using the inspection checklist in Appendix B. The annual major inspection is required during the month of May or June in preparation for hurricane season. The annual major inspection will include the testing of the diesel fuel and electrical load tests. Fuel tests for water and sediment shall be' made and biological treatment applied upon approval by the OWNER. Load tests may have to be accomplished after normal working hours. The OWNER will provide the electrical load for the portable generators. The OWNER will perform the annual oil changes and other routine engine maintenance. Inspections shall be accomplished in 1. May/June, 2. September, and 3. January. The CON- TRACTOR shall submit inspection reports identifying needed electrical and engine repairs.. B. The CONTRACTOR shall perform electrical repairs upon the request of the OWNER. C. The OWNER is responsible for routine engine repairs (such as, replacement of defective water hoses, drive belts, batteries, filters, lubricants, etc.) but may approve the CONTRACTOR to perform these repairs on a case -by -case basis. The OWNER will perform or assist with all routine and emergency engine repairs. D. The CONTRACTOR shall be available 24 hours per day, 365 days per year. The CONTRACTOR shall be at the site of an Emergency Generator requiring emergency repairs within four (4) hours of verbal notification by the OWNER. Monroe County shall be given priority at all times for generators requiring emergency repairs. The OWNER and the CONTRACTOR recognize that time is of the essence in this Contract. They also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual Loss suffered by OWNER if the Work is not completed on time, Accordingly, instead of requiring such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $80.00 for each hour over four (4) that expires after notification to respond and the CONTRACTOR is not on site, barring travel conditions beyond CONTRACTORS control. -. E. The CONTRACTOR shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained Emergency Generators so that such emergency repairs can be completed as soon as possible. If the CONTRACTOR feels that a unit is not economically repairable, the CONTRACTOR will submit an estimate for replacement and/or repair to the OWNER. The OWNER may, at his discretion, have the CONTRACTOR repair the unit in keeping with the repair estimate or seek other outside proposals for replacement. F. The CONTRACTOR may be required to assist in the development of specifications for new or replacement generators and associated equipment. ARTICLE 3- ASSIGNMENT A. The Contractor shall not assign or subcontract 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 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 services/goods of the Contractor. B. Contractor shall not employ. any Subcontractor, Supplier or other person or organization against whom the Owner may have reasonable objection. ARTICLE 4-TERM OF CONTRACT A. This contract shall be for a period of One (1) year commencing upon the day in which it has been executed by both parties. B. The County shall have the option to renew this agreement after the first year, for two additional years, to be approved one year at a time. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Works in the Miami Florida area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. ARTICLE 5- SCHEDULE The Contractor shall commence Work to be performed under this Contract no later than ten (10) calendar days from Notice to Proceed. The Annual Major Generator Inspection shall be completed on all thirty seven (37) generators no later than the end of the month of June or sixty. (60) days from the commencement of work as defined above. ARTICLE 6- CONTRACT PRICE The OWNER shall pay the CONTRACTOR in accordance with the following schedule: A. Each inspection of the thirty seven generators-$4570.00.Total cost for the three (3) scheduled inspections are $13,710.00. There are no additional costs for mileage meals or lodging. B. Additional generators may be added at the following price schedule for each inspection: 15-50KW $80.00 51-100KW $120.00 101-20OKW $150.00 201-50OKW $190.00 501-3000KW $210.00 C. Labor for repairs -including normal working hours, after normal working hours, weekends and holidays-$80.00 per hour, mechanic, $125.00 iper hour, mechanic plus helper There are no additional costs for mileage, meals or Iodging. D. Materials, supplies, and replacement parts- purchase price plus 30 percent. Shipping charges will be reimbursed. ARTICLE 7- PAYMENT PROCEDURES 'i The Contractor may make applications for payment after each scheduled inspection is complete and may send invoice after each requested repair job is complete. The, CONTRACTOR will be paid the purchase price plus 30 percent for materials, supplies and replacement parts. Shipping charges will be reimbursed: The OWNER will purchase all parts necessary for engine repairs and maintenance but has the option to have the CONTRACTOR obtain the parts. Receipts, invoices, or other acceptable proof of purchase must be attached to requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. ARTICLE 8- CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the Work consist of the following: 1. This Agreement 2. Appendix A, Generator List 3. Appendix B, Approved Inspection Checklist 4. Non -Collusion Affidavit 5. The Lobbying and Conflict of Interest Clause 6. The Drug -Free Workplace Form 7. Insurance Documents 8. Contract Modifications (If any) There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended, modified, or supplemented upon prior written approval by Board of County Commissioners. ARTICLE 9- INDEMNIFICATION AND HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harniless Monroe County Board of County Commissioners from any and all claims"for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence or other wrongful act or omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within thus agreement. ARTICLE 10- LAW AND VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any dispute arising under this contract shall be in a court of competent jurisdiction in Monroe County, Florida. ARTICLE 11- PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, and may not be awarded" or perform work as a contractor, supplier, subcontractor or consultant under a contract with a public entity a, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($3,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. FORM OF AGREEMENT IN WITNESS WHEREOF, the OWNER and CONTRACTOR have signed this Agreement in four copies. One counterpart each has been delivered to the CONTRACTOR, OWNER (DIRECTOR, FLEET MANAGEMENT SERVICES DEPARTMENT), COUNTY ATTORNEY and CLERK OF THE CIRCUIT COURT. All portions of the Contract Documents have been signed or identified by the OWNER and CONTRACTOR. J This Agreement will be effective on L OWNER: MONROE COUNTY BOCC r Monroe County, FL A'IxI'EST Clerk ADDRESS FOR GIVING NOTICES: Monroe County Fleet Management Services 3583 S. Roosevelt Blvd. Key West, F133040 CONTRACTOR: RMS International ATTEST ADDRESS FOR GIVING NOTICES: RMS International P.O. Box 221376 Hollywood, F133022 9 DA As to F .ORM