Item C13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21. 22. 2001
Division:
Public Works
Bulk Item: . Yes ~
No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval to increase contract amount to compensate for emergency
AlC repairs (Marathon Government Center facility). (Contract period 01/19/00 - 01/18/01.)
ITEM BACKGROUND: Windswept AlC & Appliance's contract for Middle Keys AlC Maintenance
and Repair has a not to exceed limit of$15,575.00. The contract term expired January 18, 2001, while
emergency repairs invoices remain outstanding for the Marathon Government Center.
PREVIOUS REVELANT BOCC ACTION: On October 13, 1999, BOCC approved the final option
to renew their contract with Windswept AlC & Appliances, increasing the contract amount 2.4% (CPI
increase) and not to exceed $15,575.00. On December 13, 2000, BOCC approved t6 award bid and
enter into contract with Windswept AlC & Appliances for an annual amount not to . exceed of
$25,000.00
CONTRACT/AGREEMENT CHANGES: Increase contract amount to a not to exceed limit of
$21,575.00.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: Not to exceed $6.000.00
BUDGETED: Yes X- No
Account #20501-530-340
#20505-530-340
COST TO COUNTY: Same as above
REVENUE PRODUCING: Yes
No -.lL AMOUNT PER MONTH_ Year
APPROVED BY:
Risk Management _
-7-~1
e, Sr. Director, Public Facilities Maintenance
DIVISION DIRECTOR APPROVAL: (;& ~-
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included
x
To Follow
Not Required_ '
DISPOSITION:
AGENDA ITEM #J {I'
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Windswept AlC & Appliances Effective Date:
Expiration Date:
01 /19 /00
01 /18 /01
Contract Purpose/Description:
Increase "not to exceed" contract price for the M~ddle Keys AlC Maintenance & Repair.
Contract Manager
Ann Mytnik
(Name)
4431
(Ext )
Facilities Maintenance
(Department)
for BOCC meeting on
03/21/01
Agenda Deadline:
03/07/01
CONTRACT COSTS
$ 21.575.00 Current Year Portion: $ 13.327.09
Account Codes: 001 - 20501 - 530 - 340 -
101 - 20505 - 530 - 340 -
Total Dollar Value of Contract:
Budgeted? Yes ~ No
Grant: $
County Match: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Date Out
Risk Managi'Alnt
~
County Attorney
3/hor ( )
3-;.ktDJ ( )
3J~tJl ( )
--Li~ crt
-.3 / b/~l
-i.;J7/0j
(
~/~QL
Division Director
r
- 01
03/08/2001 1&:13
3052953&72
!,Ytnlk-Ann
To:
Cc:
Subject:
Hotalen-Jan
Zarate-Carios
FW~ Windswept
From:
lent:
To:
8ubjeCt:
Hi Jan,
Mytnlll.Ann
WlIdneeday, MlIrch 07, 2001 10-19 AM
HlItalM\.JIIIl
Windswept
MONROE COUNTY PFMILT
PAGE En
In response to your fax yesterday concerning the increase in price for Windswept:
The Options to Renew fOf Windswept dId run out In January 2001. but we have Invoices for emergency repairs at
the Marathon Government Center dated in December 2000. that are stili outstanding.
Thank you. If you have any questions. please call.
Ann
Page 1
CONTRACT AMENDMENT
(Middle Keys AlC Maintenance & Repair)
TillS Amendment is made and entered into this 21st day of March 2001, between the COUNTY
OF MONROE and WINDSWEPT AlC AND APPLIANCES in order to amend the agreement
dated December 10, 1997, as renewed on January 13, 1999 and October 13, 1999, (copies which
are incorporated hereto by reference) as follows:
1. Article 3.02 D to read as follows:
-.
The total contract sum shall not exceed twenty-one thousand five hundred seventy-five
dollars per year ($21,575.00)
2. In all other respects, the original agreement between the parties dated December 10,
1997, and renewed on January 13, and October 13, 1999, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set ~heir 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:
Deputy Clerk
WINDSWEPT AlC & APPLIANCES
Witness
By:
Witness
Title
1"
(:':,"
;: , .,.
~ .~
I'. RENEWAL AGREEMENT
(Central Ale Rcpair - Middle Kcys Facilitics)
THIS Rcncwal is madc and entercd into this 13th day of Octobcr, 1999, between the
COUNTY OF MONROE and WINDSWEPT A/e AND APPLlCANCES, in ordcr to renew the
agreement betwcen the parties dated Deccmber 10, 1997, as renewed on January 13, 1999, (copies
of which are incorporated hereto by reference); as follows:
I. In accordance with Article 3.068 of the original agreement, the County exercises its
option to renew the Agreement for an additional year, and hereby amend 3.02 to read as follows:
'1- "3.02 - THE CONTRACT SUM . The Owncr shall pay to the Contract"~)r for the faithful
pcrf()rmance ofthc Contract. in lawful money of the United States. as follows
A The aClual COSl of parts and materials purchased from the manufacturer plus 2)%
used by the ContractOl to Ill/fill the obligations of the Contral~~ Manufacturer's
Invoice must accompany all requests for payment for any part which exceeds $] 00.00,
and may be requested at the discretion of the Owner for any parI, regardless of the
cost
8 The cost of labor and equipment used by the Contractor to fulfill the obligations of the
Contract The labor and equipment costs will be calculated using the unit prices set
forth in the CONTRACTOR'S bid as follows:
I Labor- normal working hours of 8 00 a.m. to 5:00 p.1ll Monday through
Friday, excluding holidays _
$46.72 per hour, mechanic
$7008 per hour, mechanic plus helper
2 L~bor- overtime rate for hours other than the normal working hours as stated
ilt- Article 302B I, including holidays _
$70.08 per hour, mechanic
$105. ] 2 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. Freeon for recharging systems:
1) R-22 $1038 per pound
2) R-12 $31 15 per pound
[) The total contract sum shall not exceed Fifteen Thousand Five Ilundled Seventy-Five
($1 S.':\7'. (0) pCI ye(\( "
2 The term of the renewed agreement will commcnce on January 19. 2000 and terminate
on January 18, 200 I
4 In all other respects, the original agreement between thc parties daled December 10,
I ()(n, as renewed on January 1\, I ()()(), remains in I'ulll()rce and effect
'-
'r'" IN WITNESS WHE~T:,)F, the parties have hereunto set IheE'J~nds and seal, the day and
year first written above ,.
:;~':I,~\"
'..\~'J.~~}'
" ' . J~' . .
6/"~\:?7~'J~_,~
','/ . '\.: ._..,;~~':{~,
"S..Ji.,', ''.'\'''' ~ .:~").,
. . '.' a '~\ .,', -. ", ~~ ", ..~
CS,)" '.. c',', . 'i ",'
~: .:t::.:~'. ',"".' ~j
\..>" . '" ~". . '.. . ~.
''Al:~~i':: DANN'{ L KOLHAGE, CLERK
"':':';.." '.;.~" .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By.~~ ~
By:__
~
~.~ )>4
ilness
. /L.\ ~- ~"'a~
-~~--__n_~~'.__
Wit !less
~
.i,
i
!!
Ii
ji
I.
"
t;\;?EN~W AL AGREEMENT G:,
(Centrii"A/C Repair - Middle Keys Facilities) "':
JAN 0 G REC'O
THIS Renewal is made and entered into ihis 13th day of January, 1999, between the
COUNTY OF MONROE and Windswept AIC & Appliances, in order to renew the agreement
betwcen the parties datcd Deccmber 10, 1997, (a copy of which is incorporated hereto by
reference); as follows:
I. . In accordance with Article 3.06B of the original agreement, the County exercises its
option to renew the Agreement for an additional year, and hereby amend Article 3.068 and Article
3.02 to read as follows:
"3.068 - 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 amounCagreed to herein
may be adjusted annually 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."
"3.02 - 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 of parts and materials purchased from the manufacturer plus 25% used by
the Contractor to fulfill the obligations of the Contract. Manuhlcturer'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 obligations 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 -
$ 45.63 per hour, mechanic
$ 68.44 per hour, mechanic plus helper
2. Labor - overtime rate for hours other than the normal working hours as stated in
Article 2.02B-I, including holidays
$ 68.44 per hour mechanic
$102.66 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. Freeon for recharging syslems:
I) R-22 $10.14 per pound
2) R-12 $30.42 per pound
D. The total contract sum shall not exceed Fifteen Thousand Two Hundred Ten DolI~rs
($15,210.00) per year."
2. The term of the renewed agreement will commence on January 19, 1999 and terminate
on January 18, 2000.
. 3. ~n ~II oth~r respects/~}~ original agreement between the pal-0~;j dated December 10,
.J 997. remams In full force and etW;ct. . \
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By 'B~~~.
~. [eld
~_ Wjt~I1CSS
/,// J~
l~ It.SS'
I,
I,
i!
By:
. ..~~---
\...U ,1lI~.~ "VV._.""'-~' ,
WI
~
---
I
I
i.
/1.'
ti<.\iJ
V'C'
Go.
. ~ ;". ~
~ , .'
t
SECTION THREE
CONTRACT
THIS AGREEMENT, made and entered into this 10th day of December,
1997, A.D., by and between Monroe County, Florida, party of the
first part (hereinafter sometimes called the "Owner"), and
Windswept AIC & Appliances, party of the second part
(hereinafter sometimes called the "Contractor").
,
,
WITNESSED: That the parties hereto, for the consideration
hereinafter set forth, mutually agree as follows:
3.01 SCOPE OF THE 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
MIDDLE KEYS FACILITIES
MARATHON
MONROE COUNTY, FLORIDA
and his bid dated October 31, 1997, attached hereto and
incorporated as part of this contract document, and shall
do everything required by this Contract and other ContracL
Documents.
3.02 THE CONTRACT SUM
The Owner shall pay to the
performance of the Contract,
States, as follows:
Contractor for the faithful
in lawful money of the United
A. The actual cost of parts and materials purchased from th~
manufacturer plus 25% used by the Contractor to fulfill the
obligations of the Contract. Manufacturer I 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 obligations of the Contract. The labor and
:I-I
G""
1; ~.';"
f4\'j,.'
@'"
;.' '~/...
.tr, ,
f,',
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 -
$ 45.00 per hour, mechanic
$ 67.50 per hour, mechanic plus helper
2. Labor - overtime rate for hours other than the normal
working hours as stated in Article 2.02B-1, including
holidays
$ 67.50 per hour mechanic
$101.25 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. Freeon for
1) R-22
2) R-12
recharging systems:
$10.00 per pound
$30.00 per pound
D. The total contract sum shall not. exceed Fifteen Thousand
Dollars ($15,000.OO) per year.
,3.03 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
1-2
d.,
::\.~,:-
1,,\',:'
~.;'
1.-,-
., I{~
t~:j'
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.
3.04 LIQUIDATED DAMAGES
Time is of the essence of this Contract and should the
Contractor fail to complete the emergency repairs wi thin
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 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.
3.05 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,
application for
the application
OWNER's reasons
wi thin ten days after receipt of each
payment, either process payment or return
to the CONTRACTOR indicating in writing the
for refusing to recommend payment. In the
:1-1
,(J..'i
~~~~..
tr.;(:v\
~f
latter case, the CONTRACTOR may make the necessary
corrections and resubmit the application. Thirty days
after presentation of the application for payment with the
OWNER's recommendation, the amount recommended will become
due and will be paid to the CONTRACTOR.
3.06 TERM OF CONTRACT/RENEWAL
A. This contract shall be for: a period of one (1) year,
commencing on January 19, 1998 and terminating on January
18, 1999. This contract is renewable in accordance with
--
Article 3.06B.
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 Earners and Clerical Workers in the Miami, Florida
area index, and shall be based upop the annual average 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 parties hereto may cancel this agreement with
or without cause by giving the other party sixty (60) days
written notice of its intention to do so.
3.07 HOLD HARMLESS
The Contractor shall defend, indemnify and hold the County
Harmless as indicated on form TCS1.
3.08 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.
3-4
@'.'"
1,".',
-/,.:
@'.""
'd(
."
3.09 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 provis ion of services or goods under this
agreement.
3.10 ASSIGNMENT
The CONTRACTOR shall not assign 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 subj ect to such conditions and
provisions as the OWNER and CONTRACTOR may 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
contractor.
3.11 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.
3.12 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
:1-.'1
(S,.
c. ,~l I -I .
':Y!'
@"';,'
,....\.
.. ~ 11 I
~~.
GIR2, each attached
contract document.
detailed on forms We1, GL1, VL1, GIRl &
hereto and incorporated as part of this
3.13 FUNDING AVAILABILITY
.
In the event that funds from Facilities Maintenance
Contractual Services are partially reduce.d 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 contraclor. ,The
OWNER shall not be obligated to pay for any services
provided by the contractor after the contractor has
received written notice of termination.
3.14 PROFESSIONAL RESPONSIBILITY
t
The CONTRACTOR warrants that it is authorized by law to
engage in the performance of the a~tivities 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/Marathon", 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.
3.15 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 A/C & Appliance
9499 Overseas Hwy.
Marathon, FL 33050
1-()
(R.!;J
'IV
"~'>:'
e1'
l/~:'\
.~.\~
3.16
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.
IN WITNESS WHEREOF the pa~ties hereto have executed this Agree-
ment 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.
, -
"
: ,'",,)
COUNTY OF MONROE, STATE OF I
FLORIDA
B~~~
Mayor/Chairman
. .........
.: ....-,;
· · 'Attest: DANNY L. KOLHAGE, Clerk
~' .
. S)...o ~ ..Q~. ~~~~
Clerk
& Appliance
\') r
\ !'~~I'U
Attest:
Corporate Seal if Corporation
~~~#
WITNESS .
----------, ~
(/ ~~J-;~:~ ~~
WITNESS
-
3-7