Item C18
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15. 16.2001
Division:
Public Works
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Bulk Item: Yes ----.lL
Department:
Facilities Maintenance
No
AGENDA ITEM WORDING: Approval to renew contract with Sub-Zero, Inc. for the Central Air
Conditioning Maintenance and Repair for the Lower Keys Facilities.
ITEM BACKGROUND: On October 19,2001, the contract with Sub-Zero, Inc. for the Central Air
Conditioning Maintenance and Repair will expire. In accordance to Article 3.08 (B) of the original
agreement dated October 18, 2000, the County exercises the first of two options to renew the contract
for an additional one-year period.
PREVIOUS REVELANT BOCC ACTION: On October 18, 2000, BOCC approved bid and
authorized execution of a contract with Sub-Zero, Inc. for the Lower Keys AlC Maintenance and
Repair.
CONTRACT/AGREEMENT CHANGES: Renew contract for an additional one-year period
commencing October 20, 2001, change language of the CPI Computation to reflect Monroe County
Board of County Commissioners Purchasing Policy Chapter 6, Article C, and to adjust costs by the
Consumer Price Index for all urban consumers for the most recent 12 months available.
STAFF RECOMMENDATIONS: Approval as stated above.
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TOTAL COST:$25.800 not to exceed
BUDGETED: Yes ~ No
Account #001-20501-530-340
Account #101-20505-530-340
COST TO COUNTY: Same as above
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY:
OMBIPurchasing _ Risk Management _
ITEM PREPARED BY:
. King, Acting Sf. Director, Lower Keys Operations
DIVISION DIRECTOR APPROVAL: ~ c;J ~
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included
x
Not Required_
To Follow
DISPOSITION:
AGENDA ITEM # /- ~ -/ B
Revised 2/27/01
RENEWAL AGREEMENT
(Lower Keys Central NC Maintenance and Repair)
THIS RENEWAL AGREEMENT is made and entered into this 15th day of August, 2001,
between the COUNTY OF MONROE and SUB ZERO, INC. in order to renew the agreement
between the parties dated October 20, 2000, (a copy of which is incorporated hereto by
reference); as follows: ~.
1. In accordance with Article 3.08 (B) of the October 20, 2000 original Agreement, the
County exercises its first of two options to renew the Agreement for an additional year.
2. In accordance with Monroe County Purchasing Policy Chapter 6, Article C, the CPI
Computation stated in the second sentence of Article 3.08 (B) shall read as follows:
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-U) for the most recent 12 months available.
3. Contract price increases 3.2%, the CPI-U as of June 30,2001:
Labor during normal working hours from 8:00 a.m. to 5:00 p.m. Monday through Friday
excluding holidays increases from $60.00 to $61.92 per hour for one mechanic, and from
$65.00 to $67.08 per hour for a mechanic plus helper. Labor - overtime rate for hours
other'than the normal working hours, including holidays increases from $68.00 to
$70.18 per hour one mechanic, and from $75.00 to $77.40 per hour for a mechanic plus
helper.
Freon for recharging systems for R-22 increases from $10.00 per pound to $10.32 per
pound, and for R-12, from $46.00 per pound to $47.47 per pound.
The total contract sum shall not exceed $25,800.00 per year.
4. The term of the renewed agreement will commence on October 20, 2001, and terminate
October 19,2002.
5. In all other respects, the October 20, 2000 original agreement between the parties 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.
Attest: Danny L. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
SUB ZERO, INC.
Witness:
Witness:
By:
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SECTIO~ 'THREE
CONTRACT
THIS AGREEMENT, made and entered into this 18th day of October, 2000, A.D. by and
between Monroe County, Florida, (hereinafter called the "Owner"), and Sub-Zero, Inc. (hereinafter
called the "Contractor").
WITNESSED:
as follows:
That the pal1ies hereto, for the consideration hcreinaftcr set forth, mutually agree
3.01 THE CONTRACT
The contract betwecn the owner and thc contractor, of which this agreement is a pal1, consists
of thc contract documcnts.
3.02 THE CONTRACT DOCUMENTS
The contract documcnts 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 perfonn all of the work dcscribed in the Spccification entitled:
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CENTRAL AIR CONDITIONING
MAINTENANCE AND REPAIR
LOWER KEYS FACILITIES
UP TO AND INCLUDING BIG PINE KEY
MONROE COUNTY, FLORIDA
And his bid datcd July 2 I, 2000, attached hereto and incorporated as paJ1 of this contract
documcnt, and shall do everything required by this Contract and othcr 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 of parts and materials purchased from the manufacturer plus 30'X. 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 $1 GO.OO. and may be
requested at the discretion of the Owner for any part, regardless of the cost.
1:3. The cost of labor and equipment used by the Contractor to fuJlll1 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 lollows:
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3.05
A.
B.
3.06
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1. Labor - normal working hO,t)!s of 8:00 a.m. to 5:00 p.m. Monday thought
Friday, excluding holidays.
$60.00 per hour, mechanic
$65.00 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.
$68.00 per hour, mechanic
$75.00 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. Frcon for recharging systcms:
1) R-22 $10.00 per pound
2) R-12 $46.00 per pound
D. The total contract sum shall not exceed $25,000.00 per year.
CONTR,ACTO R'S ACCEPTANCE OF CONDITIONS
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.
The passing, approval, and/or acceptanc~ of any part of the work or material by the Owner shall
not operjte 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
Specifiqltions any and all of said work and/or materials which within a period of one year from
and afte'r the date of the passing, 'approval, and/or acceptance of any such work or material, arc
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 nonnal repair and replacement before their
condition is discovered. Failure on the pal1 of the Contractor and/or his Surety, immediately
after Notice to either, to repair or replace any such defective materials and workmanship shall
entitlc 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.
LIQUIDATED DAMAGES
Time is of the essence of this Contract and should the Contractor I~lil 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 thc Contractor, and thc Owner wiIl
retain the amount of FillY. Dolla!"\..f.$jO.QQl per calendar day as rixed, agreed, and liquidated
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damages for each calendar day elapsing b.eyond 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.
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3.07 PAYMENTS ,
In accordance \\lith the IJrOV1S10ns fully set forth in the General Conditions, and subject to
additions and deductions as provided, the Owner shall pay the Contractor as follows:
3.08
A.
B.
c.
3.09
3.10
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 undcr thc 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.
TERM OF CONTRACT/RENEWAL
This contract shall bc for a period of one (1) year, commencing October 20, 2000, and
terminating on October 19,2001. This contract is renewable in accordance with Article 3.08B.
,
The Owner shall have thc 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 (GPl) for Wage Earners and Clerical Workers in the Miami, Florida area index, and shall
be based upon the annual average' CPI computation from January I through December 31 of the
previous year. Incrcases in the contract amount during each option year period shall be
extended into the succeeding years.
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.
HOLD HARMLESS
Thc Contractor shall defcnd, indcmnify and hold harmless thc Monroc County Board of County
Commissioncrs as indicatcd on form TCS.
INDEPENDENT CONTRACTOR
At all timcs and for all purposes undcr this agrccmcnt thc Contractor is an indcpcndcnt
contractor and not an cmployee of the Board of County Commissioncrs for Monroe County.
No sta{cment containcd in this agrccmcnt shall bc construed so as to find thc contractor or any
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3.11
3.12
3.13
3.14
3.15
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of his/her employees, contractors, servants,- Of agents to be employees of the Board of County
Commissioners for Monroe County.
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 relllted, 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.
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
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.
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 ang 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.
INSUm\NCE
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 WCl, GLl, and VLl, each
attached hereto and incorporated as part of this contract document.
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
Contra~tor. 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, subject to the terms and conditions set
fOlth in the Public Works Specification Manual entitled "Central Air Conditioning Repair for
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Lower Keys FacilitieslFrom Key West up tQ"and Including Big Pine Key", 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.
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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 be certified mail, retumed receipt requested, to the
following:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S, Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
Sub-Zero, Inc,
6003 Peninsular A venue
Key West, FL 33040
3.18 GOVERNING LAWS
This Agreement is govemed 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.
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Date:
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(SEAL)
Attest:
By: JL1i
WITNE S
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Title:
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By: tJ. (" M^-.JUl
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CONTRACTOR
Sub-Zero, Inc.
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